K M BALAKRISHNAN Vs. ASSISTANT EDUCATIONAL OFFICER

JUDGEMENT

(1.) A post of Headmaster arose in L.P. School Chorode, Kozhikode, of which the 4th respondent is the Manager. On 1.5.1991, the 4th respondent preferred the 3rd respondent, who according to him was the senior most teacher in the school. There upon the appellant/writ petitioner staked his claim for the post. The educational officer as per Ext.P4 resolved the dispute in favour of the 3rd respondent. Challenge of Ext. P4 in O.P.5173/1993 did not succeed. Therefore this Writ Appeal.

(2.) Two contentions are mainly urged by the appellant/writ petitioner to substantiate his claim for the post of Headmaster, in preference to the 3rd respondent. One is that he is senior to the 3rd respondent and the other is that he had acquired the necessary obligatory test qualification for promotion as Headmaster, earlier than the 3rd respondent.

(3.) Admitted facts revealed that both of them commenced continuous qualified service on 2.6.1981. There is no dispute. Both of them did have earlier underqualified spells of service. The 3rd respondent is considered as senior, counting such service. This is not permissible in terms of Rule 37 Chapter XIV-A KER, which determines the seniority of aided school teacher in a unit. It is submitted relying on the decision reported in K.P. Mathiri v. State of Kerala and Ors. (1973 KLT 284) that only qualified service can be counted for seniority. Under qualified service cannot be reckoned, the appellant asserts.