STATE OF KERALA Vs. YUSUFF A.M

JUDGEMENT

(1.) The short point in this case is whether the first respondent/applicant, who entered service as High School Assistant (HSA) and later appointed as Higher Secondary School Teacher (HSST), is entitled to be repatriated in the post of HSA for the purpose of getting promotion as Head Master of High School. The crux of the issue is that the first respondent/applicant claims seniority based on original entry as HSA. If seniority is not allowable, he cannot claim the post of Head Master of High School.

(2.) The Kerala Administrative Tribunal ruled in favour of the first respondent/applicant. It is to be noted that the first respondent/applicant was not confirmed in the post of HSST. Therefore, there cannot be any dispute as to his right to be repatriated in the parent cadre. In normal circumstances, such repatriation also would restore the seniority. However, if such absence in the parent cadre is more than five years, law says that such government servant will not be entitled for repatriation. This fact has not been considered by the Tribunal. It is appropriate to refer to Note (3) brought to Rule 8 of Part II of the Kerala State and Subordinate Services Rules, 1958, which reads thus:

(3.) In such circumstances, it is submitted that if the first respondent/applicant loses seniority, he does not want to be repatriated. The submission is recorded.