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P. B. SURESH KUMAR, P. G. AJITHKUMAR, C. S. SUDHA
State Of Kerala – Appellant
Versus
C. Kunhikkamma – Respondent
ORDER :
P.G.Ajithkumar, J.
Prayer for interim relief in the Writ Appeal stating that in the circumstances stated in the appeal memorandum, the High Court be pleased to stay the operation and implementation of the judgment dated 26.09.2018 in WP(C) No.12564/2018, pending disposal of the Writ Appeal in the interest of justice.
The Headmasters in Aided Complete Secondary Schools shall ordinarily be appointed according to the seniority from among the graduate teachers having necessary test qualifications (Rule 44A in Chapter XIV-A of the Kerala Education Rules, 1959 (KER). Subject to that, teachers put in 12 years of continuous service are eligible to be appointed as Headmasters (Rule 44A in Chapter XIV-A of the KER). Rule 3 of Chapter XXVI of KER provides that a Headmaster of an Aided Complete Secondary School shall be given departmental Headmaster’s scale of pay only if he has put in minimum of 16 years of continuous service as graduate teacher. The Government issued G.O.(Ms) No.88/83/G.Edn. dated 30.05.1983 and G.O.(Ms) No.50/ 2001/G.Edn. dated 13.02.2001 entitling Headmasters of secondary schools a higher grade on their completing seven years of service. The question that arose before
Completion of 7 years of service in the pay scale of Headmaster is the requirement for getting the first grade pay for Headmasters of Aided Complete Secondary Schools, as per the interpretation of Ke....
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 the appointment of the opposite party as Headmaster in-charge was not equivalent to the appointment as Headmaster, and he was entitled to 'cha....
financial Liability to the State is not a reigning consideration while interpreting statutory rules and notifications.
The court emphasized the need for fair promotional opportunities and highlighted the violation of constitutional rights in the application of rules for promotion/recruitment.
The court affirmed teachers over 50 years are exempt from qualification tests, ruling the denial of a qualified candidate's appointment as Headmaster was illegal and mandated payment of owed salary a....
Rule 44 reads as appointment of Headmasters shall ordinarily be according to seniority from the seniority list prepared.
Point of Law : Rule 8 of Chapter XIVA KER which deals with procedure with respect to approval of appointments.
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