Prajila.P vs State Of Kerala
2024 Latest Caselaw 10418 Ker

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."

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