KRISHNAN Vs. R D D

JUDGEMENT

(1.) A rather vexed question in regard to seniority as between two teachers -- petitioner and the 4th respondent under the provisions of the Kerala Education Rules (shortly stated the Rules) arises for consideration in this O. P.

(2.) Petitioner and 4th respondent are High School Assistants working in an aided High School of which the 3rd respondent is the Manager. Both of them were appointed on the same date 3-6-1953 and holding their posts continuously thereafter.

(3.) At the time of their appointment the school was governed by the Madras Education Rules which were non statutory in character. At that time no management was required to keep any seniority list of the staff. The Management's discretion in the matter of appointment of Head Master was absolute and unfettered. There were neither statutory nor administrative curbs on such power.