INDU Vs. SHARAFUDEEN

JUDGEMENT

(1.) This Writ Appeal filed based on the leave granted by this Court is against the judgment of the learned Single Judge holding that the 1st Respondent is entitled to be treated as a Teacher appointed on transfer to the Higher Secondary School under the same management and eligible for full time scale as well.

(2.) We have heard learned Counsel appearing for the Appellant and learned Counsel appearing for the 1st Respondent and learned Government Pleader appearing for Respondents 2 to 4.

(3.) The Appellant's case is that the Appellant and the 1st Respondent joined as Higher Secondary School Teacher (Part-time/Junior) in the 3rd Respondent School on the same day in different subjects. So far as interse seniority is concerned for both joining on the same day the older in age is admittedly entitled to seniority over the other. According to the Appellant, she being elder should get seniority over the 1st Respondent but for the which gave the benefit of previous service rendered by the 1st Respondent in the High School for the purpose of granting seniority in the Higher Secondary School. The short question arising for consideration is whether the learned Single Judge was right in holding that the 1st Respondent was appointed to the Higher Secondary School as Junior Teacher (part time) on transfer basis from High School entitling him to count his service in the High School for seniority or whether the 1st Respondent's appointment should be treated as a direct recruitment, no matter he has obviously served in the High School for some time.