V SASIDHARAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) Does a teacher who is transferred from one school to another and is placed at the bottom of the seniority list in the new school, which is under a different management, lose the benefit of the service rendered by him in the previous school for determining his eligibility for promotion to the post of Headmaster This is the short question that arises for consideration in this appeal. A few facts as relevant for the decision of the case may be briefly noticed.

(2.) On June 21, 1980, the appellant joined service as a High School Assistant in Mathematics at the I.O. High School, Edavanna. On February 1, 1986, he was transferred under R.11 of Chap.15A, of the Kerala Education Rules to the P.T.M. High School, Maruthoorkonam. In pursuance to the order of transfer, the appellant was relieved of his duties on February 13,1986. He joined the new school on February 14,1986. On his transfer, the appellant was placed at the bottom of the seniority list in the cadre of High School Assistants.

(3.) The 6th respondent had joined service at the P.T.M. High School, Maruthoorkonam on July 15, 1985. In the seniority list maintained under R.34 and 37, the 6th respondent was admittedly shown senior to the appellant.