IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 9TH FEBRUARY 2009 / 20TH MAGHA 1930 OP.No. 27410 of 2002(K) ----------------------------------- PETITIONER(S): ----------------------- 1. V.GEEVARGHESE PANICKER, HEADMASTER, PAVUKKARA M.D.L.P.SCHOOL, P.O.PAVUKKARA, MANNAR, ALAPPUZHA DISTRICT. 2. JOSEPH GEORGE, HEADMASTER, M.S.C.L.P.SCHOOL, VENMONEY, ALAPPUZHA DISTRICT. 3. V.S.JESSY, HEADMISTRESS, M.S.C.L.P.SCHOOL, OOTTUPARAMPU, KUTTAMPEROOR P.O., MANNAR, ALAPPUZHA DISTRICT. 4. SHYLAJA JACOB, HEADMISTRESS, S.A.P.G.L.P.SCHOOL, UMAYATTUKARA. 5. C.K.HEMALATHA, HEADMISTRESS, S.N.D.P. U.P.SCHOOL, AREEKKARA, AREEKKARA P.O., MULAKUZHA VIA, ALAPPUZHA DISTRICT. BY ADVS. MR.BABU JOSEPH KURUVATHAZHA, MR.C.P.SIVADASAN NAIR. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF EDUCATION, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE ASSISTANT EDUCATIONAL OFFICER, CHENGANNUR. THIS ORIGINAL PETITION HAVING COME UP FOR ADMISSION ON 09/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. ====================================== O.P.No.27410 of 2002 ====================================== Dated this the 9th day of February 2009 JUDGMENT In this Original Petition the petitioners challenge Ext.P13 notification whereby Rule (i) of Chapter XXVI of the Kerala Education Rules was amended to provide that Headmasters of Aided Lower Primary Schools or Headmasters of Aided Upper Primary School shall be given the scale of pay applicable to Headmasters of Government Schools, only if they have put in a minimum of 15 years of continuous service as teacher in schools recognized by the department. The amended rule also provides that those Headmasters who have not put in a minimum service of 15 years as Teacher shall be given grade pay and supervision allowance as may be fixed by the Government, until they complete the prescribed minimum service of 15 years. 2. A Division Bench of this Court has in Annet D’Cunha v State of Kerala, (2004(1) KLT 161) upheld the validity of the amendment to Rule (1) of Chapter XXVI of the Kerala Education Rules. It was also held that Rule (i) of Chapter XXVI of the Kerala Education Rules as amended will not apply to Headmasters appointed prior to 18.9.1988. The petitioners in O.P.No.27410 of 2002 2 this case were appointed as Headmasters after 18.9.1988. The issue raised in this Writ Petition is therefore covered against the petitioners by the decision of the Division Bench of this Court in Annet D’Cunha v State of Kerala (supra). The Original Petition accordingly fails and is dismissed. P.N.RAVINDRAN, JUDGE css/ O.P.No.27410 of 2002 3 P.N.RAVINDRAN, J. --------------------------------------- O.P.No.27410 of 2002 --------------------------------------- JUDGMENT 9.2.2009 O.P.No.27410 of 2002 4