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

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

Coram: Justice P.B. Sureshkumar and Justice C.S. Sudha

Case No.: WA NO. 1149 OF 2022

Court Observation: “…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”.

“…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”

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