Kerala Education Rules | Teacher Re-Appointed In Lower Category After Retrenchment Not Entitled To Pay Akin To Previous Post: Kerala HC

The Kerala High Court on Wednesday, observed that a teacher who is relieved on account of reduction in the number of posts and re-appointed in a lower category would not be entitled to claim the pay and allowances applicable to the higher category in which he/she was earlier working.

The Division Bench comprising of Justice P.B. Sureshkumar and Justice C.S. Sudha, while rejecting the contention of the appellant that she was entitled to the pay and allowances applicable to the Headmistress, for the period during which she was working as Lower Primary School Teacher on her re-appointment in another school as LP School teacher, further observed

"...Rule is intended only for granting pay protection to retrenched teachers on re-appointment in the same cadre and the same scale of pay and it does not enable a teacher who is relieved on account of reduction in the number of posts and re-appointed in a lower category to claim the pay and allowances applicable to the higher category in which he/she was earlier working".

As per the factual matrix, the appellant in the instant case had been working as a Lower Primary School Teacher in the Eranholi East L.P. School, and was promoted to the post of Headmistress of the School on 1st April 2010. Subsequently, vide a Government Order dated 8th February 2012, the school was shut down, citing that it had become 'uneconomic'. The appellant/petitioner was re-appointed in Government High School, Aralam Farm as Lower Primary School Teacher. She retired on superannuation on 31st May 2015, from the said school.

It was contended by her that in light of Rule 52 of Chapter XIVA of the Kerala Education Rules, she was entitled to pay and allowances as is applicable to the post of Headmistress, but she was not disbursed the same. The claim of the appellant had also been refuted by the Educational Officer. Hence, a writ petition had been filed before the Single Judge, who dismissed the same. The instant appeal was preferred from the said decision of the Single Judge dismissing the writ petition. 

The appellant, represented by Advocates R. Surendran and S. Mayukha, contended that in terms of Rule 52 of Chapter XIVA of the Kerala Education Rules (Rules), teachers of aided schools thrown out from service on account of the closure of the school are eligible to draw the pay which they were getting at the time of such closure of the school, on being re-appointed. However, the Government circular had diluted the same, which they contended, as being bad in law.

On the other hand, the counsel for the respondents, Senior Government Pleader, A.J. Varghese, contended that the appellant was re-appointed only as a Lower Primary School Teacher, and on this ground, she could not contend that she was entitled to the pay and allowances as is applicable to the post of Headmistress. On this ground, it could not be stated that the Government circular had diluted the statutory provision, either.

The question before the Bench was as to whether the appellant was entitled to the pay and allowances as applicable to the post of Headmistress, upon her re-appointment. 

It was found by the court that despite the Appellant's reliance on sub-rule (2) of Rule 52, the said provision would not be applicable since, a combined reading of the provisions contained in sub-rules (1) and (2) of Rule 52 would indicate that the purpose of the Rule is only that when teachers are re-appointed in situations covered by the Rule, they shall start on the same pay as they were getting at the time of relief or withdrawal of recognition, as the case may be.

"...the purpose of the Rule is only to ensure that the re-appointment shall not be treated as a fresh appointment, for if re-appointment is treated as a fresh one, the teacher would be entitled to receive only the pay and allowances applicable to the fresh appointee".

It was on this basis that the Court found that the intention of the Rule was only to grant pay protection to retrenched teachers on re-appointment in the same cadre and the same scale of pay. Thus, the writ appeal was dismissed.

Case Title: Baby Letha K. v. State of Kerala & Anr. 

Citation: 2022 LiveLaw (Ker) 478

Click Here To Read/Download The Judgment