IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 4336 of 2004(N)
1. N. SUDHEENDRAN NAIR, S/O.K. NARAYANA
... Petitioner
Vs
1. THE STATE OF KERALA REPRESENTED BY
... Respondent
2. THE DISTRICT EDUCATIONAL OFFICER,
3. THE HEAD MASTER, GOVERNMENT VOCATIONAL
For Petitioner :SRI.V.A.MUHAMMED
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :30/11/2007
O R D E R
S. SIRI JAGAN, J.
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W.P.(C)No.4336 OF 2004
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Dated this the 30th day of November, 2007
JUDGMENT
The petitioner started service as a U.P. School Assistant in
an aided school on 19.7.1979 and worked as such till 9.7.1984.
Later on he joined Government service as a P.D. Teacher. He
was promoted as HSA on 13.11.1998. Taking into account all
services, the petitioner would complete 23 years of service on
16.7.2002. The petitioner’s complaint in this writ petition is that
although on completion of 23 years of service as above the
petitioner is entitled to selection grade, he has not been granted
the same on the ground that for the purpose of selection grade
only the petitioner’s service as High School Assistant in the
Government Schools would be considered. His claim in this
regard has been negatived on the basis of Ext.P5. The petitioner
therefore seeks the following reliefs.
” (a) call for the records relating to
Exhibit P-5 and quash the originals of the
same by the issue of a writ of certiorari or
other appropriate writ or order.
(b) issue a writ of mandamus or
W.P. ) No.4336/04 2
other appropriate writ order or direction
commanding the respondents to grant
Selection Grade to the petitioner in the
Primary Cadre counting both primary and
HAS Service in the light of the judgment
in O.P. No.7348/2003 and connected
cases as well as in view of Exhibit P-7
judgment.”
2. The learned Government pleader submits that
although in view of Exts.P1 to P6 orders as well as Ext.P7
judgment the petitioner is entitled to have his primary school
service also reckoned for the purpose of grant of selection
grade, he is not entitled to have his aided school service
counted for the purpose.
3. The learned counsel for the petitioner would submit
that since Ext.P7 judgment refers to both Government and
Private School Teachers, the petitioner is entitled to have his
aided school service also counted for the purpose.
4. I have considered the rival contentions in detail.
Two Division Benches of this Court has in separate judgments
held that for the purpose of granting increment, on coming
over to government service prior aided school service cannot
be counted and that for the purpose of weightage in pay
fixation also prior aided school service cannot be counted in
respect of Government school teachers. Although in Ext.P7
W.P. ) No.4336/04 3
judgment both Government and Private School teachers have
been referred to that can only mean that the Government
School teachers and private school teachers are separately
entitled to have their primary school service also counted for
the purpose of selection grade. As such, I am not inclined to
accept the contention of the petitioner that he is entitled to
have his aided school service counted for the purpose of
selection grade. However, in view of G.O.(MS)
No.552/2004/Fin. Dated 25.11.2004 primary school service of
Government school teachers are liable to be counted for the
purpose of selection grade and therefore the petitioner is
entitled to the said benefit.
In the above circumstances, the writ petition is allowed to
the above extent of directing the respondents to pass fresh
orders computing the petitioner’s service as P.D. Teacher also
for the purpose of granting selection grade, but excluding the
aided school service. Orders in this regard shall be passed
within a period of two months from the date of receipt of a
copy of this judgment. Needless to say, the petitioner would
also be entitled to monetary benefits arising there from.
S. SIRI JAGAN, JUDGE
Acd
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