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SASIDHARAN ARINCHERI, HIGH SCHOOL versus THE DIRECTOR OF HIGHER SECONDARY

High Court of Kerala

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SASIDHARAN ARINCHERI, HIGH SCHOOL v. THE DIRECTOR OF HIGHER SECONDARY - WP(C) No. 23810 of 2004(H) [2007] RD-KL 13047 (13 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 23810 of 2004(H)

1. SASIDHARAN ARINCHERI, HIGH SCHOOL
... Petitioner

Vs

1. THE DIRECTOR OF HIGHER SECONDARY
... Respondent

2. THE DEPUTY DIRECTOR OF EDUCATION,

For Petitioner :SRI.KRB.KAIMAL

For Respondent :GOVERNMENT PLEADER

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

Dated :13/07/2007

O R D E R

THOTTATHIL B.RADHAKRISHNAN, J.

W.P(C).No.23810 OF 2004

Dated this the 13th day of July, 2007



JUDGMENT

Petitioner, a P.D. teacher in Kozhikode district from 18.9.1991, passed B.A. degree in History, M.A. degree in English and B.Ed. in English. He had also passed the State Eligibility Test. Following the directions contained in Ext.P1 judgment, his placement as H.S.A., English was ordered, however, without retrospective effect from the due date on which he was entitled to be considered. The objection taken was that the petitioner passed the B.A. degree in History and therefore, does not a degree in English for the purpose of promotion as H.S.A. in English. That question is answered by the Division Bench of this Court in favour of the petitioner in W.A.No.213/97 and later on in Bose William v. State of Kerala [2002 (2) KLT 34], wherein, it is held that degree includes PG degree, unless the rule specifically states to the contrary. The Government would have amended relevant recruitment rules retrospectively in recognition of the law laid by this Court. Therefore, respondents WPC.23810/04 Page numbers are not entitled to contend that the petitioner was disentitled to be promoted from the date which was due to him in terms of availability of vacancy. The plea that he has not officiated from a prior date also does not lie. In the result, the writ petition is allowed partly directing that the petitioner's placement in the cadre of H.S.A. will be treated as with effect from the date on which his immediate junior stand placed to that cadre. His such placement is hereby declared. Consequently, he will be benefited for all purposes except for drawl of salary during the period for which he has not actually worked. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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