J. ALPHONSA Vs. STATE OF KERALA, SECRETARIAT

JUDGEMENT

(1.) These writ petitions are filed by the respective petitioners who are teachers of a Vocational Higher Secondary School (Victory V.H.S.S., Olathanni, Neyyattinkara P.O.). W.P. (C) Nos. 31102/2010 and 21571/2011 are filed by Smt. J. Alphonsa and Smt. O.N. Judy and W.P. (C) No. 32508/2011 is filed by the first petitioner in these two writ petitions, viz. Smt. J. Alphonsa. W.P. (C) No. 37103/2010 is filed by Smt. R. Ajitha Kumari who is a common respondent in all the other writ petitions and W.P. (C) No. 236/2012 is filed by Smt. C. Swarnamma and Smt. S. Sheeba. The dispute between these parties and other contesting respondents in the writ petitions, is one of seniority. Essentially, the question is whether, on reduction of the post consequent on staff fixation, who among them are entitled to be retained in terms of the seniority.

(2.) The six teachers who have been appointed as U.P.S.A., are having approved continuous service from 1.6.1998. Going by the seniority assigned, they are arrayed in the following order: (i) Smt. S. Sheeba, (ii) Shri G. Biju, (iii) Smt. R. Ajitha Kumari, (iv) Smt. J. Alphonsa, (v) Smt. Selin P. Rini; and (vi) Smt. O.N. Judy. Serial Nos. 4 and 6 are respectively the petitioners in W.P. (C) Nos. 31102/2010 and 21571/2011. Serial No. 1, Smt. S. Sheeba is the second petitioner in W.P. (C) No. 236/2012 and serial No. (iv) is the petitioner in W.P. (C) No. 32508/2011. Serial No. 2, Shri G. Biju has been arrayed as a respondent in all these writ petitions. Serial No. (iii) is the petitioner in W.P. (C) No. 37103/2010. The seniority has been assigned, on the basis of age.

(3.) For tracing out the history with regard to the appointments and the genesis of the dispute, I shall refer to the facts pleaded in W.P. (C) No. 37103/2010.