M SUJATHA, ASSOCIATE PROFESSOR, DEPARTMENT OF COMMERCE, Vs. SECRETARY COCHIN DEVASWOM BOARD, DEVASWOM BOARD BUILDING

JUDGEMENT

(1.) FACTS and issues raised in these cases are similar and therefore, these cases were heard together and are disposed of by this common judgment. We shall refer to the pleadings and documents in W.A. No. 621 of 2014 for convenience.

(2.) THIS writ appeal is filed by the petitioner in W.P.(C) No. 10324 of 2014. The petitioner approached this Court complaining that overlooking her seniority in the category of Associate Professor, the 4th respondent therein was appointed to the post of Principal of the College under respondents 1 to 3. That writ petition was dismissed by the learned Single Judge without entering into the merits and relegating her to pursue the alternate remedy of appeal available before the University Appellate Tribunal. It is this judgment which is under challenge before us.

(3.) THE appellant commenced her service as Junior Lecturer with effect from 04.11.1981. She was promoted thereafter as Selection Grade Lecturer with effect from 04.11.1997. The 4th respondent commenced her service as Junior Lecturer with effect from 20.11.1981 and he got promotion to post of the Selection Grade Lecturer with effect from 20.11.1997. Exts.P2 and P3 are the seniority lists published by the Educational Agency as on 01.04.2003 and 01.04.2011 respectively. In Ext.P2, the appellant and the 4th respondent were assigned seniority at serial Nos.54 and 59 respectively. In Ext.P3, they were assigned seniority at serial Nos. 20 and 23 respectively. In the mean while, Ext.R1(a) Government Order was issued by the Higher Education Department, Government of Kerala on 27.03.2010, which inter alia provided for re - designation of Selection Grade Lecturers as Associate Professors, vide clause 6.1.9 and 6.1.10. These provisions being relevant, are extracted below for ready reference: