M MUHAMMED ASHRAF Vs. STATE OF KERALA

JUDGEMENT

(1.) An interesting question touching upon the interpretation of Rule 45 in Chapter-A K.E.R. has come up for consideration in this writ petition.

(2.) The question is: Can a graduate teacher in an Upper Primary School claim promotion to the post of Headmaster if he has got half of the period of service of the seniormost undergraduate "claimant" In other words, the question is whether it is the total length of service of the seniormost undergraduate teacher in the school that has to be reckoned for the purpose of deciding eligibility for promotion or is it the total length of service of the next eligible seniormost undergraduate "claimant" that should be reckoned under Rule 45. 3. The revision authority, the Government, took the view that a qualified graduate teacher will be eligible for promotion if he has got half of the period of service of the seniormost claimant. The said order is under challenge in this writ petition at the instance of the undergraduate teacher.

(3.) Essential facts may be briefly noticed. The post o Headmaster in A.U.P. School, Vazhikadavu fell vacant on April 1, 2004. Petitioner is an undergraduate with TTC and other test qualifications to his credit. As on the date of arising of vacancy in the post of Headmaster, he had a total period of 23 years 9 months and 28 days' service to his credit. Respondent No.4 who is admittedly a graduate with B.Ed had 15 years 10 months and 16 days' service in the school as on the date of vacancy.