IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 20TH NOVEMBER 2008 / 29TH KARTHIKA 1930 WP(C).No. 5690 of 2004(B) ------------------------------------- PETITIONER(S): ------------------------ P.SYED MUHAMMED, S/O.LATE P.SAIDALAVI MASTER, P.D.TEACHER, G.U.P.SCHOOL, MOORKANAD, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR SMT.SMITHA BABU RESPONDENT(S): ------------------------- 1. THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THRIVUANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM. 3. THE ASSISTANT EDUCATIONAL OFFICER, AREACODE, MALAPPURAM DISTRICT. GOVERNMENT PLEADER SMT.T.B.RAMANI FOR R1,2&3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.5690/2004 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE ORDER OF THE DEPUTY DIRECTOR OF EDUCATION , TRIVANDRUM AS NO.A3-4332/90/L.DIS DT. 18.10.90. P2:- COPY OF THE ORDER OF THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM AS NO.F4/17888/99/L.DIS DT. 27.7.99. P3:- COPY OF THE G.O. AS NO.G.O.(MS) 417/86/GAD DT. 29.10.86 ISSUED BY THE GOVERNMENT OF KERALA. P4:- COPY OF THE APPEAL PETITION SUBMITTED BY THE PETITIONER TO THE IST RESPONDENT DT. 1.11.2000. P5:- COPY OF THE ORDER OF THE IST RESPONDENT AS NO.R3/11662/02 DT. 10.11.2003. P6:- COPY OF THE G.O.(MS) NO.775/80(245) FIN. DT. 21.10.80 ISSUED BY THE GOVERNMENT OF KERALA. P7:- COPY OF THE CIRCULAR NO.54/1992/(138)/FIN. DT. 6.11.92 ISSUED BY THE GOVERNMENT OF KERALA. P8:- COPY OF THE GOVERNMENT ORDER AS G.O. (P) 705/1981/(372)/ FIN. DT. 28.10.81. /TRUE COPY/ P.A. TO JUDGE tss ANTONY DOMINIC, J ----------------------------------------------------------- W.P.(C).No.5690/2004 ----------------------------------------------------------- Dated this the 20th day of November, 2008 JUDGMENT The prayer in this writ petition is to quash Exts.P2 and P5 and to reckon the service rendered by the petitioner. 2. The facts of the case are that the petitioner was appointed as a part time Junior Arabic Teacher in Thiruvananthapuram District, by order dated 29.12.1975. Subsequently, he was appointed as a Full Time Arabic Teacher with effect from 9.8.1976. 3. Later, he applied for the post of P.D Teacher and got appointed in Kozhikode District with effect from 19.10.1990. There upon the Deputy Director, Thiruvananthpauram issued Ext.P1 NOC. Petitioner submits that subsequently he was appointed as PD teacher in Malappuram District with effect from 18.8.1994 and is continuing in that post. WP(c).No.5690/2004 2 4. By Ext.P2, the Assistant Educational Officer took the stand that the previous service rendered by the petitioner will not be counted for any benefit and that stand was taken by the AEO based on Ext.P3 Government Order. This was confirmed by all authorities including Government by Ext.P5. It is in these circumstances the writ petition has been filed. 5. Counsel for the petitioner mainly referred to Exts.P6 and P8 Government orders and contended that the prior service of the petitioner is liable to be reckoned for fixing pay and higher grades. Ext.P3 Government Order dated 28.10.1986 provides that, if a person who is not in service, apply for any post in any District, he will be allowed to count his previous service towards increments, leave, pension etc. In so far as this case is concerned, evidently the petitioner applied and got appointment as PD teacher in Kozhikode and Malappuram District only after his entry into service. If that be so, the benefit of Ext.P3 is not WP(c).No.5690/2004 3 available to the petitioner. 6. Now coming to Ext.P6, this order only provides that a Government servant is entitled to the benefit of Higher Grade after completion of 13 years of qualified service in that post and the fact that he was already employed in Government service at the time of his recruitment to another post will not render him ineligible for the benefit of higher grade in terms of the Government Order. This order only has the effect of making a Government servant, who is already in service eligible for higher grade on completion of 13 years in that post. It only says that his prior appointment will not render him ineligible for the benefit. This, at best will help the petitioner to claim higher grade on completion of 13 years as a P.D teacher in Malappuram District. This order does not provide for addition of his previous service and therefore does not improve the case of the petitioner in any manner. WP(c).No.5690/2004 4 7. In so far as Ext.P8 is concerned, that is a Government order dated 28.10.1981. This order also provides that a person who was put in service in more than one post on identical scales of pay in the entry grade will be eligible for the benefit of higher grade revoking his total service rendered in all such posts, provided such service has been reckoned for grant of normal increments. Therefore, only if the previous service rendered by the petitioner as Arabic Teacher and as P.D teacher in Kozhikode District has been reckoned for normal increments and then alone Ext.P8 Government order will come to his assistance. In this case, there is no such case and this order will not help the petitioner. Resultantly the stand taken by the respondents in Exts.P2 and P5 cannot be faulted. Writ Petition fails and is dismissed. ANTONY DOMINIC JUDGE vi. WP(c).No.5690/2004 5