High Court Kerala High Court

K.Mammy vs State Of Kerala on 9 July, 2008

Kerala High Court
K.Mammy vs State Of Kerala on 9 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 1266 of 2008()


1. K.MAMMY , ASSISTANT TEACHER
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP. BY ITS SECRETARY
                       ...       Respondent

2. THE DIRECTOR OF PUBLIC INSTRUCTION

3. THE ASSISTANT EDUCATIONAL OFFICER

4. THE MANAGER, A.M.U.P.SCHOOL

                For Petitioner  :SRI.BABU JOSEPH KURUVATHAZHA

                For Respondent  : No Appearance

The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :09/07/2008

 O R D E R
                J.B.Koshy & P.N.Ravindran, JJ.
                =====================
                     W.A.No. 1266 of 2008
                =====================
            Dated this the 9th day of July, 2008.

                           JUDGMENT

Koshy,J.

The petitioner was appointed as Assistant Teacher under the

fourth respondent school, which is an aided school, on

16.11.1981. At that time, he did not have training qualification.

According to him, he passed the training course (TCH) in 1983.

TCH course from Karnataka was not recognised as equivalent to

Teachers Training Course (TTC) in the Kerala State. But finally

the TCH course was accepted provided they undergo in-service

course conducted by the Department. The Government had

insisted upon the training course holders (TCH) from Karnataka

State to undergo an in-service course for recognition. He joined

the in-service course on 5.7.1981 and completed the same on

19.3.1982. The petitioner is entitled to the benefit only if he had

passed the in-service training course after obtaining valid TCH.

He passed the in-service before passing the alleged TCH from

Karnataka State. Further, he produced another certificate also to

the effect that he obtained another TCH in 1991. He got

statutory leave in connection with the TCH course and he passed

the same as per certificate dated 31.1.1991 and again after

getting the TCH he had completed the five months in-service

course conducted by the State Institute of Education on

WA 1266/08 -: 2 :-

31.5.1991 at G.T.T.I. Kannur. If he had passed the TCH course

and obtained a valid TCH certificate (not false) he need not have

studied again TCH Therefore, the learned Single Judge correctly

found that he underwent the training course and in-service

course only in 1991 and his service can be approved from 1991

onwards. The learned single Judge also noticed that the petitioner

cannot fall back on his 1983 certificate for the purpose of

claiming approval. We fully agree with the reasoning of learned

single Judge. Hence, we are not repeating all the reasons again

in this judgment.

In these circumstances, we see no ground to interfere with

the impugned judgment. The Writ Appeal is dismissed.

J.B.Koshy,
Judge.

P.N.Ravindran,
Judge.

ess 19/7