M DEVADASAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who had been working as Headmaster of the 6th respondent School, has filed this writ petition challenging Ext.P5 order by which the Government ordered that the 7th respondent was the person eligible for promotion as Headmaster.

(2.) On 1.5.2008, a vacancy of Headmaster arose in the 6th respondent's School, which is an aided Upper Primary School. The Manager appointed the petitioner as Headmaster and placed the proposal for approval before the 5th respondent-Assistant Educational Officer. As per Ext.P2 order, the Assistant Educational Officer declined approval to the promotion of the petitioner and found that the 7th respondent was the teacher eligible for promotion on the basis of seniority. The petitioner approached the 4th respondent with an appeal and the same was allowed as per Ext.P3 order, directing to approve the promotion granted to the petitioner with effect from 01.05.2008. As per Ext.P4 order dated 17.09.2009 petitioner's appointment was approved with effect from 01.05.2008. While so, the 7th respondent approached the Government with a revision petition in which Ext.P5 order was passed allowing the said revision and upholding the order passed by the Assistant Educational Officer and directed that the 7th respondent should be given promotion as Headmaster. The petitioner filed this writ petition at that stage challenging Ext.P5 order pointing out that the petitioner is the senior most eligible person entitled to promotion when the vacancy arose on 01.05.2008.

(3.) Referring to Ext.P1 seniority list the petitioner claimed that he commenced service on 08.06.1979 whereas the 7th respondent was appointed as a part time teacher only that too on 12.07.1979 and he became a full time teacher only on 15.07.1980. Apart from that, producing Ext.P7 staff fixation order, the petitioner claimed that the 7th respondent was thrown out in the staff fixation for the year 1992-9 According to the petitioner, the seniority list Ext.P1 remained unchallenged and therefore he is entitled to all the benefits flowing out of Ext.P1 seniority list.