S. PUSHPAM Vs. THE DISTRICT EDUCATIONAL OFFICER, KUZHITHURAI EDUCATIONAL DISTRICT MARTHANDAM, KANYAKUMARI,

JUDGEMENT

(1.) Heard the learned counsel appearing for the parties.

(2.) The petitioner has filed this writ petition for issuing a Writ of Certiorarified Mandamus to quash the impugned order Mu.Mu.No.11846/AA4/94 dated 16.12.1994 granting approval to the appointment of third respondent as an Assistant Headmaster in the St. Joseph Higher Secondary School, Thiruthavapura, Kuzhithurai, Kanyakumari District. The aforesaid appointment in High School is made on the basis of G.O.Ms.No.887, Education Department dated 5.6.1979. The relevant provision is contained in paragraph -2 of the aforesaid order dated 5.6.1979.

(3.) In the counter affidavit filed on behalf of the second and third respondents, it has been indicated that the petitioner was appointed as B.T. Assistant on temporary basis on 1.9.1964 in some other school. Subsequently, he was appointed in leave vacancy on 26.6.1969 and after several breaks in his service, he was appointed in a regular vacancy only with effect from 1.6.1973, whereas the third respondent was appointed on regular basis with effect from 9.6.1969 and as such the petitioner cannot be treated as senior to the third respondent.