P MANOHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE appellant is the petitioner in W.P.(C)No.5632/2012. The said Writ Petition was filed seeking a writ of certiorari to quash Exhibit P5 order dated 10.2.2012 of the District Educational Officer, the 3rd respondent, and for other consequential reliefs. The learned Single Judge by judgment dated 12.11.2012 repelled the challenge against Exhibit P5 and also found that Exhibit P6 revision petition and Exhibit P6(a) petition for stay filed before the Government against Exhibit P5 are of no consequence by virtue of the said finding on merit. Therefore, the learned Single Judge dismissed the Writ Petition. It is aggrieved by the said judgment, the appellant is before us in this Writ Appeal.

(2.) WE heard arguments of the learned counsel for the appellant, the learned Senior Government Pleader appearing for the official respondents and also the learned counsel for the 5th respondent. We have considered the rival submissions made at the Bar.

(3.) THE appellant commenced service as UPSA in the Upper Primary School managed by the 6th respondent on 20.10.1982, vide Exhibit P1 order of appointment. At the time of appointment, the appellant was a Teacher's Certificate Holder (TCH) and he acquired Bachelor of Education (B.Ed.) on 1.6.1989. He also acquired Test qualification. On the other hand, the 5th respondent commenced service as UPSA in the very same school on 27.10.1984, vide Exhibit R5(a) order of appointment. As on the date of entry in service, she was having B.Ed. In Exhibit P2 seniority list as on 1.4.2010 the appellant is Sl.No.3 and the 5th respondent is Sl.No.5.