V K VASUDEVAN NAMBOODIRI Vs. V K SAROJINI AMMA
HIGH COURT OF KERALA
V.K. VASUDEVAN NAMBOODIRI
V.K. SAROJINI AMMA
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(1.) C. R. P. 234 of 1966 is directed against the decree of the Subordinate Judge passed in appeal allowing the claim of the respondent against the revision petitioner therein, the manager of an aided school, for arrears of salary for the period she worked as a teacher, and C. R.P. 167 of 1966 is directed against the decree passed by the Additional Munsiff in a small cause suit allowing the claim of the respondent against the revision petitioner therein, who is the manager of another aided school for arrears of salary for the period that he worked as a teacher in that school. Though arising between different parties, the Civil Revision Petitions raise a common question and are being disposed of by this common judgment.
(2.) The respondents in these petitions were appointed as teachers in the respective schools by the respective managers, the revision petitioners. Their appointment was under the provisions of the Kerala Education Act, 1958, to be referred to as the Act, and the Rules framed under it, but eventually their appointment was not approved by the Educational Officer, with the result, that they were ultimately thrown out of employment and their salary was not paid to them by Government, Their claim for such salary having been decreed against the respective managers, they have preferred these revision petitions. The question to decide is whether their claims against the managers is well founded.
(3.) It was contended on behalf of the managers, that the appointment having been made in accordance with the Act and the Rules, the respondents can have no claim against the managers for their salary, even though their appointment has not been approved by the Educational Officer. The relevant provisions of the Act and the Rules have to be borne in mind. S.9 sub-section (1) of the Act reads:
"The Government shall pay the salary of all teachers in aided schools direct or through the Headmaster of the school", S.11 enacts:
"Subject to the rules and conditions laid down by the Government, teachers of aided schools shall be appointed by the managers of such schools from among persons who possess the qualifications prescribed under S.10", and S.12(1) is in these terms:
"The conditions of service of teachers in aided schools, including conditions relating to pay pension, provident fund, insurance and age of retirement, shall be such as may be prescribed by the Government.";
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