KESAVA KURUP Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is by five teachers of Upper Primary N.S.S. School, Pannoor, Karimannoor, challenging the judgment of the learned single Judge in O.P. No. 3684 of 1981. The Educational Agency which owned the school in which the appellants are serving, viz., N.S.S. School, Pannoor, transferred the school to another Educational Agency. Nair Service Society, Perunna, Changanacherry. Whereas N.S.S. School, Pannoor, Karimannoor had only one school, Nair Service Society, Perunna, Changanacherry has more than one school. The appellants opposed the transfer on the ground that their interests would be adversely affected. They placed reliance on R.5A of Chap.3 of the Kerala Education Rules, (hereinafter referred to as the Rules). The principal contention of theirs was that their seniority would be affected and they would become liable to transfer to other schools. Their objections were overruled by the State Government as per Ext. P9 dated 24-9-1981. The State Government held that the objections of the appellants are not valid. The transfer thus stood sanctioned. Hence the appellants came to this Court for appropriate relief challenging Ext. P9. The learned single Judge having dismissed the original petition the said judgment is challenged in this appeal.

(2.) Shri Sudhakara Prasad, the learned counsel for the appellants, submitted that the rights which have been protected by R.5A of Chap.3 of the Rules stand violated as a result of permission for transfer of the school being granted. The said rule reads:

(3.) So far as the question of seniority is concerned, the same stands regulated by R.36A of Chap.14A of the Rules which reads: