SAM JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) The writ petitioner in W.P.(C) No. 18998/2005 is the appellant. The brief facts of the case are the following:

(2.) The appellant is working as Higher Secondary School Teacher (for short H.S.S.T.) (Junior) (Commerce) in St. Sebastian Higher Secondary School, Cheenthalar, which is one of the schools managed by the 3rd respondent, Corporate Manager. Two vacancies in the post of H.S.S.T. in Commerce arose in Mount Carmel Higher Secondary School for Girls, Kottayam in 2005 under the 3rd respondent. According to the appellant, ignoring his claim, the 5th respondent was appointed in the first vacancy on 14.2.2005. It was followed by the appointment of the 4th respondent as H.S.S.T. (Commerce) in the second vacancy. The appellant claims, appointment in the first of those two vacancies, as he is senior to both of them in the cadre of H.S.S.T. (Junior). He filed Exts.P3 and P4 representations before the Director of Higher Secondary Education, highlighting his grievances. Finding that no action was taken on them, the Writ Petition was filed, seeking appropriate reliefs. He claimed appointment by transfer to the post of H.S.S.T. (Commerce) in preference to respondents 4 and 5. He prayed for setting aside the appointments of respondents 4 and 5. Other incidental reliefs were also sought in the Writ Petition.

(3.) According to the appellant, going by Rule 4 of Chap. XXXII of the Kerala Education Rules (for short 'K.E.R.'), the post of H.S.S.T. in a subject has to be filled up by . appointment by transfer from H.S.S.T. (Junior) in that subject. For that, all the Higher Secondary Schools under the same Educational Agency should be taken as one unit. If such a seniority list is prepared, among H.S.S.T.S (Junior) Commerce, he will be senior to respondents 4 and 5. But, ignoring his superior claim, the appointments were made, it was submitted.