LexC. C. PADMANABHAN & OTHERS versus THE DIRECTOR OF PUBLIC INSTRUCTIONS AND OTHERS
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A B c D E F G H 128 C. C. PADMANABHAN & OTHERS v. THE DIRECTOR OF PlJBLIC INSTRUCTIONS AND OTHER.S- JuJ,y 30, 1980 [V. R. KRISHNA IYER, A. D. KOSHAL AND 0. CHINNAPPA REDDY, JJ.J' Promotional post-Post of A ssistallf Educational Office.r in Kera/a Educa- tional Service is a promotional post and a reversion therefrom is, thereiore, invalid-Articles 14, 16 of the Constitution read with Clause (2) of tlze Rules of the Keral'a State and Subordinate Services Rules, 1915, Rule 2(5)· and 2(7) (a) of the Kera/a Education Rules, 1958 and Section 12A of the Kera/a Education Act, 1958-The two posts of Assistant Educational Officer and the High School Assistant are not imer-changeabk--Kerala Education Subordinaie Service (Special) Rules, 1972, Rule 3. Each of the appellants had been holding the post of Assistant Education~! Officer for more than six years continuously when his reversion was ordered ih implementation of the instructions issued by the· State Government through a letter dated 19th May, 1977 to the effect that every Assistant Educational Oflicer- should be transferred after six years of service as such or even earlier, on administrative grounds. Having failed before the High Court to get these ord·ers quashed on the ground that the posts of Assistant Educational Officers, being promotional posts, their transfer to the posts of High School Assistant amounted to reversion· and, therefore, violated Articles 14 and 16 of the Con~titution;. the appellants have now come up in appeal by special leave. · Allowing the appeals, the Cour~, HELD: (l) The directions contained in the Jetter dated 19th May, 1977 that an Assistant Educational Officer should be transferred back as a Hi~:h'. School Assistant after six years of incumbency as Assistant Edqcational Oflicc!r', is wholly arbitrary and not based on any principle and is therefore violative· of Article 16 of the Constitution. Firstly, the post of A.E.O. carries a special '. pay of Rs. 50/- per month and therefore ensures for its incumbent higher emo- ', Iuments than are available to a' High School Assistant. Secondly, the, special pay is counted towards pension under Rules 12, 23 and 62 of the Kerala Ser- vice Rules. Any transfer of an Assistant Educational Officer to that of High , School Assistant deprives him of these benefits and; therefore, is violative ol:- , Article 14. [137H, 138A-D] . P. C. Joshi and others etc. etc. v. The Director General, Posts and Tele'· ~ graphs, New Delhi etc., [1975] 2 S.C.R. 115, distinguished: (2) The very fact that the post of Assistant Educational Officer carries a special pay of Rs. 50/- falling within sub-clause (a) of clause 31 of Section 12 of the Kerala Service Rules, goes to prove that the post is higher than that of· ' High School Assistant. [136B-C, 137F-G] (3) Rule 2(ii) of the Kerala State and Subordinate Service Rules, 1958, Rule 2(v), Rule 2(vii)(a) of the Kerala Education Rules, 1959 and Section 12A of the Kerala Education Act, 1958· make it clear tllat if so' authorised by the: _,¥- - ~ i C. C. PADMANABHAN v. DIRECTOR OF PUBLIC INSTRUCTIONS 12 9 Government an A.E.O. shall have the power to take disciplinary proceedings against a teacher, including a Headmaster, of an aided school, to suspend him . when such proceedings are proposed to be taken and to impose upon him all or any of the penalties to which ·he may be liable under the relevant rules. Item 4 of the functions to ·be performed by an Assistant Educational Officer detailed in the Education Department Guide Book, 1978 empowers him to institute disciplinary proceedings against non-gazetted officers under his control as per Kerala Civil Services (Qualification, Control and Appeal) Rules, and admittedly High School Assistants are non-gazetted -officers who are eligible for appointment and are normally appointed as Headmasters of upper primary school and, therefore, they would while functioning as Headmasters be amen- able to disciplinary action by their respective Assistant Educational Officers. It follows that the post of an Assistant Educational Officer lies in a higher cate- gory than that of a High School Assistant who does not wield any correspond- ing disciplinary jurisdiction. [132C-G] The qualifications prescribed by the Government Order dated 25th June, 1966 and Rule 3 of the Kerala Education Subordinate Service (Special) Rules, 1972 make it clear that the two posts of Assistant Educatio
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