P.E. SUBRAMONIAN NAMBOODIRI Vs. DIRECCTOR OF PUBLIC INSTRUCTION

JUDGEMENT

(1.) The petitioner when he was a Junior Hindi Teacher was selected and deputed to undergo certificate course in Hindi Training at the Hindi Teachers Training College, R. V. Puram, Trichur, as per the order End. D3-9039/65 dated 15th June 1965 of the 3rd respondent, the District Educational Officer, Kasaragod. From 19th June 1965 to 31st March 1966 he was on deputation for this purpose. During that period of deputation he was given only a stipend of Rs. 40 per month.

(2.) The question that falls for decision is whether a teacher, who was deputed for training, entitled only to a stipend, not for salary, during the period of deputation, would be entitled to claim the period of deputation to be reckoned for the purpose of eligibility for increment. In Exts. P-1, P-2, P-5, P-6 and P-7 orders respondents 2 and 3, Regional Deputy Director of Public Instruction, Kozhikode, and the District Educational Officer, Kasaragod, respectively, have taken the stand that the petitioner on deputation for the purpose of training would not be entitled to count the period of deputation for the purpose of increment inasmuch as the training was not essential for his continuation in the post, and that during that period he was not paid his salary, but a stipend of Rs. 40 per month.

(3.) The counsel for the petitioner drew my attention to note 5 of R.12(7) of the Kerala Service Rules, Part I, which reads as follows: