MINI KUMARY C.K. Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER is working as Vocational Teacher in Maintenance and Operation of Bio Medical Equipments (MOBE) in the Vocational Higher Secondary School of the 3rd respondent. She was appointed on 02.11.1992. By Ext. P10 the 4th respondent was appointed as Administrative Head proceeding on the basis that she is the senior most compared to that of the petitioner. Ext.P10 is under challenge.

(2.) PETITIONER relies upon the Division Bench judgment of this Court in W. A. No. 1423/2012 and connected cases. The contention of the petitioner is that petitioner was appointed as a full time Vocational Higher Secondary School Teacher on 02.11.1992, whereas the 4th respondent was appointed on 02.11.1992 as a Non -Vocational Teacher in English on hourly basis and on a consolidated pay of Rs. 1,000/ - per month. From 02.11.1992 to 13.07.1993 the 4th respondent was working as part -time Non -Vocational Teacher (Junior) and she was made full time teacher only on 14.07.1993. This according to the petitioner is evident from Exts. R4(d) and (e) as well. The Division Bench of this Court has also held that when the question of seniority arises between Vocational and Non -Vocational Teachers the persons who are appointed as Vocational Higher Secondary School Teachers will have preference over Junior Non -Vocational Higher Secondary School Teachers. It is held that seniority should be counted only from the date of appointment as a senior teacher or from the date on which a junior teacher becomes a senior teacher. On this basis it is contended that the petitioner is senior to the 4th respondent therefore the petitioner is eligible to be appointed as the Administrative Head. Hence Ext. P10 is liable to be quashed.

(3.) HEARD the learned counsel for the petitioner and the learned counsel appearing for the 4th respondent and the learned Government Pleader.