IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 4TH OCTOBER 2010 / 12TH ASWINA 1932 WP(C).No. 28605 of 2010(A) PETITIONER: --------------- PAVITHRAN.K, HEADMASTER, M.A.M.L.P.SCHOOL, VALLAKKAD, P.O.KARIPPAL, KANNUR DISTRICT. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. DEPUTY DIRECTOR OF EDUCATION, KANNUR. 3. DISTRICT EDUCATIONAL OFFICER, KANNUR. 4. ASSISTANT EDUCATIONAL OFFICER, TALIPARAMBA NORTH. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO. 28605 OF 2010 A ------------------------------------------------------ Dated this the 4th day of October, 2010 JUDGMENT The petitioner was appointed as LPSA on 1.7.1983 in M.A.M.L.P. School, Vellakkad. The appointment of the petitioner was approved. When the Assistant-in-charge of the School resigned, the petitioner was appointed as Assistant-in-charge with effect from 5.12.1985. That appointment was also approved. The petitioner passed the Account Test (lower) in November, 1988 and became qualified to be appointed as Headmaster. The petitioner was appointed as Headmaster with effect from 5.9.1989. That appointment was approved as per Ext.P1 order passed by the Assistant Educational Officer with a rider that the petitioner would not be eligible to the scale of pay of Headmaster until acquiring fifteen years' continuous service. 2. The petitioner was given the Headmaster's pay scale with effect from 1.7.1998 on his completing fifteen years of service. The petitioner claims that he is entitled to the benefit of G.O.(P) W.P.(C) NO.28605 OF 2010 :: 2 :: No.127/88/G.Edn. dated 4.5.1999 (Ext.P3). As per Ext.P3 Government Order, all those teachers who were appointed as aided Primary School Headmasters till 15.9.1988 would be entitled to the scale of pay of Headmasters from the date of their respective appointments. The claim made by the petitioner was rejected by the Assistant Educational Officer as per Ext.P4 order holding that the appointment of the petitioner as Headmaster was approved only on 5.9.1989 and that the benefit of Ext.P3 Government Order would be available only to those persons who are appointed before 15.9.1988. The District Educational Officer confirmed Ext.P4 order, as per Ext.P5 order dated 5.6.2000. The petitioner approached the Deputy Director of Education, who, as per Ext.P6 order dated 31.7.2007, rejected the claim put forward by the petitioner. The petitioner filed revision to the Government under Rule 92 of Chapter XIVA of the Kerala Education Rules. The revision was dismissed as per Ext.P9 order dated 25.3.2009. It was held in Ext.P9 order thus: “The Manager appointed the teacher as Headmaster w.e.f. 28.11.1988. But the same was approved by the AEO w.e.f.05.09.1989 without eligibility for Headmaster's scale as the teacher had not acquired 15 years of service. The benefit given in G.O.(P) W.P.(C) NO.28605 OF 2010 :: 3 :: 127/99/G.Edn. dated 04.05.1999 is not applicable in this case as the teacher was appointed as Assistant in charge from 05.12.1985 and a HM from 05.09.1989, ie. after 15.09.1988.” 3. In this Writ Petition, the petitioner challenges Exts.P4, P5, P6 and P9 orders. There is also a prayer for the issue of a writ of mandamus commanding the respondents to pay arrears of salary to the petitioner at the scale payable to the Headmasters with effect from 5.12.1985. 4. Ext.P3 Government Order clearly shows that the benefit of the said Government Order would be available only for the Primary School Headmasters who were appointed on or before 15.9.1988. Though the petitioner was appointed as Headmaster-in-charge, he was appointed as Headmaster only on 28.11.1988 and that appointment was approved with effect from 5.9.1989. As on 28.11.1988, the petitioner had not completed fifteen years of service. In the admitted facts and circumstances of the case, the educational authorities were right in holding that the petitioner was not entitled to the Headmaster's scale from 5.12.1985, the date on which the petitioner was appointed as Headmaster-in-charge. The contention W.P.(C) NO.28605 OF 2010 :: 4 :: put forward by the petitioner that as Headmaster-in-charge, he was discharging all the functions of the Headmaster and therefore, he was entitled to the Headmaster's scale, is unsustainable. For the aforesaid reasons, the Writ Petition is dismissed. (K.T.SANKARAN) Judge ahz/