IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 5TH JANUARY 2011 / 15TH POUSHA 1932 WP(C).No. 24618 of 2004(E) ---------------------------------------- PETITIONER(S): ------------------------ A.C.SUDHAMA, RETIRED HEADMASTER, GOVT. U.P.SCHOOL, PANDY (NOW G.H.S. PANDY), RESIDING AT KOLATHILAM HOUSE, P.O. URDOOR, VIA. MULLERIA-671 543. BY ADV. SRI.T.K.VIPINDAS RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, KASARAGOD P.O., KASARAGOD. 3. THE ASSISTANT EDUCATIONAL OFFICER, KUMBALA AT BADIADKA, PERDALA P.O., KASARAGOD. R1 TO R3 BY GOVERNMENT PLEADER SMT. NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO. 24618/2004 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE G.O.(P) 73/98/EDN. DATED 4/3/1998 ISSUED BY THE 1ST RESPONDENT. P2 COPY OF THE G.O.(RT) NO.457/2002/G.EDN. DATED 22/2/2002 ISSUED BY THE 1ST RESPONDENT. P3 COPY OF THE PROPOSAL FOR FIXATION OF PAY IN THE PRIMARY SCHOOL HEADMASTER'S SECOND HIGH GRADE SCALE SUBMITTED BY THE PETITIONER. P4 COPY OF THE ORDER NO.B/1585/2002/L.DIS. DATED 16/8/2002 OF THE 3RD RESPONDENT. P5 COPY OF THE APPEAL SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 18/9/02. P6 COPY OF THE ORDER NO.F3-13666/02/L.DIS. DATED 23/7/2003 OF THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.24618 Of 2004 ----------------------------------------------------- DATED THIS THE 5th DAY OF JANUARY, 2011 J U D G M E N T The sole question raised in this Writ Petition is whether the petitioner is entitled for a second Higher Grade scale in the post of primary school Headmaster. The claim of the petitioner was rejected as per Exhibit P2 which is confirmed by Exhibit P6 in appeal. 2. The petitioner started his career as a Primary School Headmaster of Govt.U.P.School, Adoor on 29.7.1953 and he continued in that post till 31.3.1963. When the said school was upgraded as Government High School, he was retained as P.D.Teacher at Government High School with effect from 1.4.1963 and continued upto 5.3.1973. He was again promoted as Headmaster with effect from 6.3.1973 and continued till retirement on 30.4.1987. Thus the total length of service of the petitioner is 33 years, nine months and three days and total period of service of the petitioner as Primary School Headmaster is 23 years, nine months and 28 days. According to the petitioner, since the service as the Headmaster is more than 20 W.P.(C)No.24618/04 -2- years, he is entitled for a second higher grade. 3. The petitioner relies upon Exhibit P2 order passed by the Government providing for second higher grade to Primary School Headmasters. It shows that the Primary School Headmaster should be entitled for second higher grade on completion of 20 years of service. The Assistant Educational Officer took the view in Exhibit P4 that the service prior to 31.3.1963 was not considered for higher grade. In the appeal, the petitioner contended that the total service of 20 years should be reckoned even though there was a break in between. It is answered in Exhibit P6 by pointing out that the initial spell of his service as a Headmaster from 29.7.1953 to 5.3.1973 has already been reckoned for primary teachers higher grade and senior grade granted with effect from 1.7.1968 and 1.7.1973. The service once reckoned for grade in one category cannot be reckoned for another grade in another category. 4. The learned counsel for the petitioner vehemently contended that the order Exhibit P2 provides that on completion of 20 years service, second higher grade has to be granted and the claim of the petitioner ought not have been rejected. Herein, W.P.(C)No.24618/04 -3- evidently, the petitioner's service as Headmaster was not continuous. There is a break from 1.4.1963 to 5.3.1973. As evident from Exhibit P6, the period from 29.7.1953 to 31.3.1963 has been reckoned for the purpose of higher grade while he was working as P.D.Teacher and again he was granted second senior grade. Therefore, such period has already been reckoned for the purpose of granting higher grade in the feeder category. Therefore, he cannot utilise the same for the purpose of claiming second higher grade in the post of Headmaster. Evidently, the petitioner was granted his due grade in the post of Headmaster after completion of the required period. For all these reasons, the petitioner is not entitled to succeed in the Writ Petition. I do not find any reason to interfere with Exhibits P4 and P6. Hence the Writ Petition is dismissed. Sd/-( T.R.RAMACHANDRAN NAIR, JUDGE). dsn