SREEKUMARA PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) These original petitions relate to the validity of an order passed by the State Government in exercise of its appellate jurisdiction to decide disputes between the two teachers in colleges under the management of Sree Narayana Trust. Since the p ies are common in these original petitions, I will refer to them as they are arrayed in O.P.No.10027 of 1989. O.P.Nos.1230 and 1271 of 1990 are filed by respondents 4 and 3 respectively in O.P.No. 10027 of 1989.

(2.) The controversy is in very short compass. Petitioner commenced service as a lecturer in Mathematics under the 3rd respondent on 4-8-1958. He commenced continuous service in that category from 1-7-1959. The 4th respondent commenced service as lecturer in Mathematics in Fatima Matha National College, Quilon on 27-6-1956 under Ext.R4(a) order. He was appointed as a senior Lecturer under the 3rd respondent on 14-8-1961 under Ext.R4(b). He was promoted as officiating Professor with effect from 1-6-1962 under Ext.R4(c) order. He was confirmed in that post under, Ext. R4(d) order dated 8-7-1965. In Ext.R4(e) dated 23-5-1978, he was promoted as Principal with effect from 1-6-1978. He was further promoted as Grade I Professor under Ext. R4(f) order dated 3-10-1980. The extract of his service book containing the various entries is produced as Ext.R4(h). Petitioner was shown as junior to the 4th respondent in Ext. P2 seniority list. Petitioner filed Ext. P3 representation to the 3rd respondent Manager on 12-7-1988 claiming seniority over the 4th respondent.

(3.) The 3rd respondent represent the Educational Agency of colleges affiliated to Kerala, Mahathma Gandhi and Calicut Universities. S.64 of the Calicut University Act deals with transfer of teachers to other Universities and provides: