P. V. KUNHIKRISHNAN
RAMESH M. E. S/O NARAYANA KURUP – Appellant
Versus
STATE OF KERALA – Respondent
JUDGMENT :
P.V. KUNHIKRISHNAN, J.
1. The petitioner, Mr. Ramesh M.E. entered service in an aided school named the Velom Higher Secondary School, Cherapuram as High School Teacher (Physical Science) on 18.07.1994. It is the case of the petitioner that, he has got continuous service from 05.06.1995 onwards. He has cleared Account Test (Lower). Going by Rules, for getting promoted to the post of Headmaster of an aided High School, 12 years graduate service is required, besides test qualifications. According to the petitioner, he is fully qualified for the promotion and appointment to the post of Headmaster. Ext .P1 is the seniority list as on 01.01.2019. In Ext.P1, the petitioner was Serial No. 12. Serial No. 2 in Ext.P1 was holding the post of Headmaster. He retired on 31.05.2022. Serial No. 3 has already retired from the service. Serial No. 4 was Smt. V.R. Ajithakumari who is the 7th respondent in this writ petition.
2. It is submitted that the 7th respondent was on Leave Without Allowance (LWA) from 02.07.1997 to 01.07.2007 to take up employment abroad. It is the case of the petitioner that for more than 10 years, the 7th respondent was on leave. It is the specific case of the petitio
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As per Rule 56(4) of Chapter XIV(A) of Kerala Education Rules, 1959, a teacher shall cease to be in service after a continuous absence of 5 years whether with or without leave.
Rule 56(4) specifically mandates that a teacher shall cease to be in service after a continuous absence of 5 years, whether with or without leave.
Only regular full-time service qualifies for pension; leave vacancy service does not count under the amended rules effective at the time of retirement.
Point of Law : Rule 8 of Chapter XIVA KER which deals with procedure with respect to approval of appointments.
Important points:Only a Teacher who had a minimum of 18 hours of workload could have been construed as a Non Vocational Teacher and that since Smt.Sindhu herself admits that she had only 12 hours of ....
Teachers over 50 years old are permanently exempt from certain qualification requirements under Rule 45B(4) of the Kerala Education Rules.
As per Rule 37 of Chapter XIV(A) of KER seniority of a teacher in any grade/in any unit shall be decided with reference to length of continuous service in that grade/in that unit provided he is duly ....
The main legal point established in the judgment is that Rule 56 of Chapter XIVA KER carves out an exception for teachers in aided schools, making it clear that they would cease to be in service afte....
In school service under the relevant education rules, seniority in the teacher cadre is determined by the date of initial appointment to the junior teacher position, as this is not a promotional post....
a teacher who has obtained a right to preferential appointment to future vacancies in identified posts, based on past service rendered in a teaching post in the school prior to retrenchment therefrom....
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