Kerala High Court
Prajila.P vs State Of Kerala on 11 April, 2024
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WA NO. 479 OF 2024
JUDGMENT DATED 10.01.2024 IN WP(C) NO.22045 OF 2023 OF HIGH COURT
OF KERALA
APPELLANT/PETTIIONER:
PRAJILA.P.
AGED 41 YEARS
W/O HAREESH, HSST (ECONOMICS) KPRP HIGHER SECONDARY
SCHOOL, KONGAD, PALAKKAD, PIN 678631. RESIDING AT
GOUREESHAM HOUSE, MUNDUR POST, PALAKKAD, PIN - 678592
BY ADVS.
SARATH M.S.
B.PREMNATH (E)
RESPONDENTS/RESPONDENTS :
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY,
(GENERAL EDUCATION DEPARTMENT ) SECRETARIAT,
THIRUVANANTHAPURAM,, PIN - 695001
2 DIRECTOR
HIGHER SECONDARY EDUCATION OFFICE OF THE DIRECTOR OF
GENERAL EDUCATION HOUSING BOARD BUILDINGS SANTHINAGAR
THIRUVANANTHAPURAM, PIN - 695006
3 REGIONAL DEPUTY DIRECTOR
HIGHER SECONDARY EDUCATION B2 BLOCK, CIVIL STATION
MALAPPURAM, PIN - 676505
BY SRI.A.J.VARGHESE, GOVERNMENT PLEADER
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 11.04.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA No.479 of 2024
2
JUDGMENT
A.Muhamed Mustaque, J.
The appellant, after working as a UPSA at AUP School, Velikkad for five years, resigned from the service on 12.08.2010. Thereafter, the appellant worked on a daily wage basis as HSST(Jr) at KPRP Higher Secondary School, Kongad till post is created on 24.10.2011. The appellant got permanent appointment as HSST junior with effect from 06.12.2011. The appellant seeks to reckon past service of five years in AUP School, Velikkad for service benefit. This was rejected by the learned Single Judge placing reliance on Rule 29 of Part III of Kerala Service Rules.
2. The learned Government Pleader points out that the Rule 62 of the Kerala Education Rules, 1958. According to the learned Government Pleader, no benefit can be claimed by the appellant based on resignation. Rule 62 reads thus;
"62. Consequences of resignation.- The premature resignation from the school entails forfeiture of past service and of any retiring allowance to which the teacher who prematurely resigns would otherwise have been eligible."WA No.479 of 2024 3
Rule 62 says that premature resignation from the school entails forfeiture of past service. Further, we also note that under Rule 29 Part III of the Kerala Service Rule deals such resignation of public servants for taking up employment in another service. In such a case, past service will count if the two appointments do not exceed joining time admissible under the Service Rule. Nobody has a case that the appellant had joined in the subsequent service within the joining time.
In such situation, we are of the view that no merit in this matter. Hence, this writ appeal stands dismissed.
Sd/-
A.MUHAMED MUSTAQUE JUDGE Sd/-
M.A.ABDUL HAKHIM JUDGE rkj