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Vias Bhat.C vs State Of Kerala Represented By
2025 Latest Caselaw 10453 Ker

Citation : 2025 Latest Caselaw 10453 Ker
Judgement Date : 4 November, 2025

Kerala High Court

Vias Bhat.C vs State Of Kerala Represented By on 4 November, 2025

Author: Anil K. Narendran
Bench: Anil K. Narendran
                                                    2025:KER:82644
W.A.No.427 of 2025               1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN

                                     &

         THE HONOURABLE MR. JUSTICE MURALEE KRISHNA S.

TUESDAY, THE 4TH DAY OF NOVEMBER 2025 / 13TH KARTHIKA, 1947

                         WA NO. 427 OF 2025

 AGAINST THE JUDGMENT DATED 29.01.2025 IN WP(C)NO.22357 OF

                     2024 OF HIGH COURT OF KERALA

APPELLANT/PETITIONER:

            VIAS BHAT.C
            AGED 54 YEARS
            S/O.SHRI.SANKARANARAYANAN EMBRATHIRI, HIGH SCHOOL
            TEACHER (SOCIAL SCIENCE), ZAINUDHEEN MEMORIAL
            HIGH SCHOOL, POOLAMANGALAM, PUNNATHALA,
            MALAPPURAM, PIN - 676552


            BY ADVS.
            SRI.K.S.PRENJITH KUMAR
            SMT.BEA MARY BENNY

RESPONDENTS/RESPONDENTS:

     1      STATE OF KERALA REPRESENTED BY
            PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL
            EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM, PIN - 695001

     2      DIRECTOR OF GENERAL EDUCATION,
            JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
                                                   2025:KER:82644
W.A.No.427 of 2025             2

     3       DEPUTY DIRECTOR OF EDUCATION,
             DOWN HILL, MALAPPURAM, PIN - 676505


     4       DISTRICT EDUCATIONAL OFFICER,
             TIRUR, MALAPPURAM, PIN - 676505


     5       MANAGER,
             ZAINUDHEEN MEMORIAL HIGH SCHOOL (DISTRICT
             EDUCATIONAL OFFICER), TIRUR,
             MALAPPURAM, PIN - 676505


     6       SMT.JAYASREE C.P,
             HIGH SCHOOL TEACHER (PHYSICAL SCIENCE),
             ZAINUDHEEN MEMORIAL HIGH SCHOOL, POOLAMANGALAM,
             PUNNATHALA, MALAPPURAM, PIN - 676552



OTHER PRESENT:

             SMT. NISHA BOSE, SR. GP FOR R1 TO R5
             SRI.R.K.MURALEEDHARAN FOR R6.



      THIS    WRIT   APPEAL   HAVING    BEEN   FINALLY   HEARD   ON
11.09.2025, THE COURT ON 04.11.2025 DELIVERED THE FOLLOWING:
                                                    2025:KER:82644
W.A.No.427 of 2025              3

                                                          "C.R"

                            JUDGMENT

Anil K. Narendran, J.

The appellant is the petitioner in W.P.(C)No.22357 of 2024,

which was one filed invoking the writ jurisdiction of this Court

under Article 226 of the Constitution of India, seeking a writ of

certiorari to quash Ext.P9 communication dated 15.06.2024

issued by the 4th respondent District Educational Officer, Tirur; and

a writ of mandamus commanding respondents 1 to 5 to appoint

him as the Headmaster in the High School section of Zainudheen

Memorial Higher Secondary School (ZMHSS), Poolamangalam in

Malappuram District, in the vacancy that arose with effect from

01.06.2024.

2. On 17.08.1994, the appellant-petitioner was appointed

as a High School Assistant (Social Science) at Zainudheen

Memorial High School, Poolamangalam. The post of High School

Assistant (HSA) was redesignated as High School Teacher (HST),

based on the recommendation made by the 10th Pay Revision

Commission in its report dated 10.07.2015. Going by the

averments in the writ petition, the petitioner has continuous 2025:KER:82644

regular service with effect from 05.06.1995. His initial service with

effect from 17.08.1994, as well as continuous regular service from

05.06.1995, were approved by the 4th respondent District

Educational Officer, Tirur.

2.1. While continuing at ZMHSS, Poolamangalam, the post

held by the petitioner was reduced in the staff fixation order for

the academic year 2015-16. As a protected teacher, the petitioner

was initially deployed as a Cluster Resource Centre Coordinator.

Later, he was recalled to the parent school, and he rejoined duty

on 06.08.2019, due to the retirement of Sri. George A.J., HST

(Maths) on 31.05.2019, who was adjusted to HST (English) during

the academic year 2018-19. In the staff fixation for the academic

year 2019-20, the post held by the petitioner was reduced, and

he was deployed as a protected teacher, first at Government

Higher Secondary School, Othukkungal. On 06.08.2019, he was

transferred to the Block Resource Centre (BRC), Tirur. Later, he

was deployed as HST (SS) in Kunhimon Haji Memorial Higher

Secondary School (KHMHSS), Alathiyoor.

2.2. Smt. Khadeeja P., HST (SS) in ZMHSS, Poolamangalam,

retired from service on 30.04.2024. Smt. Pushpalatha V.R., the 2025:KER:82644

Headmistress of the said school, also retired from service on

31.05.2024. The petitioner, who possesses the required graduate

service as provided under Rule 44A Chapter XIVA of Kerala

Education Rules (KER) and test-qualified, submitted Ext.P1

representation dated 16.09.2023 before the 2nd respondent

Director of General Education, with a request to post him in the

parent school, in the retirement vacancy of Smt. Khadeeja P., HST

(SS), and then consider his claim for appointment as Headmaster

of the school. On receipt of Ext.P1, the 2nd respondent issued

Ext.P2 reply dated 14.12.2023, pointing out that the petitioner

has to make a request, well in advance, before the 3rd respondent

Deputy Director of Education, Malappuram, through the Manager

of ZMHSS, Poolamangalam.

2.3. The petitioner submitted Ext.P3 representation dated

07.06.2024 before the 4th respondent District Educational Officer,

Tirur, who is functioning as the Manager of ZMHSS,

Poolamangalam. He has also submitted Ext.P4 representation

dated 07.06.2024 before the 3rd respondent Deputy Director of

Education, through the 4th respondent District Educational Officer.

The 4th respondent District Educational Officer, by Ext.P5 2025:KER:82644

communication dated 17.04.2024, informed the petitioner that

the claim for appointment to the post of Headmaster has to be

considered as per the seniority list prepared under the provisions

of Rule 34(a) and (b), Chapter XIVA of KER.

2.4. By Ext.P6 order dated 29.05.2024 of the 3rd respondent

Deputy Director of Education, protected teachers in Malappuram

District, including the petitioner, were recalled to their parent

schools, during the academic year 2024-25. The petitioner was

recalled to ZMHSS, Poolamangalam, in the retirement vacancy of

Smt. Khadeeja P., HST (SS) in ZMHSS, Poolamangalam, who

retired from service on 30.04.2024. Though Ext.P6 order is dated

29.05.2024, the 3rd respondent Deputy Director of Education

signed the said order only on 03.06.2024. Based on Ext.P6 order,

the petitioner was relieved from KHMHSS, Alathiyoor, on

03.06.2024 AN, and he rejoined the parent school, i.e., ZMHSS,

Poolamangalam, on 04.06.2024 FN. The said fact is evident from

Ext.P7 communication dated 04.06.2024 of the Headmaster in the

High School section of ZMHSS, Poolamangalam, addressed to the

3rd respondent Deputy Director of Education.

2.5. On the retirement of Smt. Pushpalatha V.R., on 2025:KER:82644

attaining the age of superannuation on 31.05.2024, the 4 th

respondent District Educational Officer, who is functioning as the

Manager of ZMHSS, Poolamangalam, placed the 6th respondent,

who was an HST (Physical Science), as the Headmaster-in-charge

in the High School Section of that school. The petitioner, on

rejoining duty in the parent school on 04.06.2024, submitted

Ext.P8 representation dated 09.06.2024 before the 4th respondent

District Educational Officer, to enter his name in all the records of

ZMHSS, Poolamangalam, and to appoint him as the Headmaster

in the High School Section of that school, in the vacancy that arose

from 01.06.2024.

2.6. On receipt of Ext.P8 representation, the 4th respondent

issued Ext.P9 communication dated 15.06.2024, whereby the

petitioner was informed that he cannot be considered for

appointment as Headmaster in the High School Section of ZMHSS,

Poolamangalam, as his name was not included in the seniority list

of the teachers in that school, as on 01.01.2024. Further, he has

not rejoined the parent school on 01.06.2024. The document

marked as Ext.P10 is a copy of a Government order dated

08.01.2024 issued by the 1st respondent regarding online 2025:KER:82644

submission of the seniority list of teachers in aided schools, for

approval. Ext.P11 is a copy of the circular dated 20.02.2024 issued

by the 2nd respondent Director of General Education, based on

Ext.P10 Government order.

3. On 23.07.2024, when W.P.(C)No.22357 of 2024 came

up for admission, the learned Single Judge passed an interim order

to the effect that approval for the appointment of the 6 th

respondent shall be subject to the outcome of the writ petition.

4. The 6th respondent filed a counter affidavit dated

04.07.2024, opposing the reliefs sought for in the writ petition,

producing therewith Exts.R6(a) to R6(c) documents, contending

inter alia that as on the date of occurrence of vacancy, i.e.,

01.06.2024, the petitioner was not on the rolls of ZMHSS,

Poolamangalam, and he joined duty in the parent school only on

04.06.2024, on being relieved from the deployed school, i.e.,

KHMHSS, Alathiyoor, on 03.06.2024. As per Ext.P10 Government

order and Ext.P11 circular, protected teachers cannot be included

in the seniority list of the parent school, which is being prepared

as on 1st January of the year, as stipulated in Note (ii) to Rule 35,

Chapter XIVA of KER.

2025:KER:82644

5. The 4th respondent District Educational Officer filed a

counter affidavit dated 19.11.2024, opposing the reliefs sought for

in the writ petition, contending inter alia that the appointment of

the 6th respondent as Headmaster in the High School section of

ZMHSS, Poolamangalam was made strictly in accordance with the

seniority list prepared and maintained under Rule 34(a) and (b),

Chapter XIVA of KER. The petitioner was not included in the final

approved seniority list of 2023 and also in the provisionally

approved seniority list of 2024, due to loss of post and his

deployment in another school. Based on Ext.P6 order of the 3 rd

respondent Deputy Director of Education, the petitioner was

recalled to the parent school. Accordingly, he was relieved from

KHMHSS, Alathiyoor, and rejoined as HST (SS) at ZMHSS,

Poolamangalam, on 04.06.2024. The vacancy of Headmaster in

the High School section of ZMHSS, Poolamangalam, was effective

from 01.06.2024. At that time, the petitioner was working at

KHMHSS, Alathiyoor. In the counter affidavit, the 4 th respondent

has referred to Ext.P10 Government order dated 08.01.2024 and

Ext.P11 circular dated 20.02.2024 of the 2nd respondent Director

of General Education, and relied on the decision of a Full Bench of 2025:KER:82644

this Court in Abraham A.G. and others v. State of Kerala and

others [2009 (3) KLT 659].

6. The petitioner has filed a reply affidavit dated

11.01.2025 to the counter affidavit filed by the 4th respondent and

that filed by the 6th respondent, producing therewith Ext.P12

Government order dated 23.07.2010, whereby a proviso was

added to Rule 37(1), Chapter XIVA KER, to reckon for seniority,

the entire service rendered by the teacher in both the parent

school and the other school, on re-appointment to the parent

school.

7. After considering the pleadings and materials on record

and also the submissions made at the Bar, the learned Single

Judge dismissed the writ petition by the judgment dated

29.01.2025. Paragraphs 17, 18 and the last paragraph of that

judgment, read thus;

"17. In this case, admittedly, the petitioner was not included in the seniority list which was drawn as on 01.01.2024. Ext.P6 order of redeployment was passed only on 29.05.2024. Even as per the Rules, the supplementary list during a school year is liable to be sent before 31st May of every year. The competent authority shall approve the list provisionally by 30th June and finally by 31st August every 2025:KER:82644

year. It is not in dispute that the petitioner's name was not in the seniority list of the school as on 01.01.2024 or as on 31.05.2024.

18. Furthermore, the petitioner was not physically working in the parent School as on the date of occurrence of vacancy. Ext.P7 relieving order indicates that the petitioner was relieved from the deployed school only on 03.06.2024. In the circumstances, the petitioner cannot aspire to claim the post of Headmaster which arose in the parent school. I do not find any illegality in Ext.P9.

The writ petition is without any merit and it is dismissed."

8. Feeling aggrieved by the judgment dated 29.01.2025

of the learned Single Judge in W.P.(C)No.22357 of 2024, the

appellant-petitioner is before this Court in this writ appeal,

invoking the provisions under Section 5(i) of the Kerala High Court

Act, 1958.

9. On 06.03.2025, when the writ appeal came up for

admission, the Division Bench ordered that approval to the

appointment of the 6th respondent will be subject to the outcome

of the writ appeal. Thereafter, on 10.04.2025, it was ordered that,

if the appellant is being retrenched for want of strength, that shall

not be done without orders from this Court.

2025:KER:82644

10. On 05.06.2025, when the writ appeal came up for

consideration, it was admitted on file. The learned Senior

Government Pleader took notice for respondents 1 to 4 and notice

was ordered to the 5th respondent. The 6th respondent entered

appearance through counsel. By the order dated 05.06.2025, it

was made clear that the interim order granted by the Division

Bench on 06.03.2025 shall continue to be in force.

11. Heard arguments of the learned counsel for the

appellant-petitioner, the learned Senior Government Pleader for

respondents 1 to 4 and also the learned counsel for the 6th

respondent.

12. The learned counsel for the appellant-petitioner

contended that the judgment of the learned Single Judge is one

rendered without properly appreciating the legal and factual

contentions raised by the petitioner. When the vacancy of HST

(SS) occurred in the parent school, i.e., ZMHSS, Poolamangalam,

on 01.05.2024, due to the retirement of Smt. Khadeeja P., HST

(SS), on 30.04.2024, the appellant is the sole claimant for that

post under Rule 51A, Chapter XIVA of KER. There was no legal

impediment in recalling a protected teacher to his parent school 2025:KER:82644

during summer vacation, as protected teachers are drawing their

salary throughout their service, from the parent school. In support

of the said contention, the learned counsel placed reliance on

Annexure A order dated 04.04.2017 issued by the Block

Programme Officer, Block Resource Centre, Adoor, relieving Smt.

Mini R., another protected teacher of ZMHSS, Poolamangalam,

with effect from 04.04.2017, based on the order passed by the 3rd

respondent Deputy Director of Education, for rejoining the parent

school. Though Ext.P6 order of the 3rd respondent is dated

29.05.2024, the said order was signed only on 03.06.2024. The

3rd respondent Deputy Director of Education and the 4th

respondent District Educational Officer delayed the issuance of

Ext.P6 order, to enable the 6th respondent to get an appointment

as the Headmaster in the High School section of ZMHSS,

Poolamangalam, overlooking the claim of the appellant. The

learned counsel further contended that, on re-appointment as HST

(SS) in the parent school, in the vacancy that arose due to the

retirement of Smt. Khadeeja P., the appellant is entitled to reckon

his entire period of service for seniority, in view of the proviso to

sub-rule (1) of Rule 37, Chapter XIVA of KER.

2025:KER:82644

13. The learned Senior Government Pleader for

respondents 1 to 4 and also the learned counsel for the 6th

respondent contended that the reasoning of the learned Single

Judge in the impugned judgment is neither perverse nor patently

illegal, warranting interference in this intra-court appeal. In the

said judgment, the learned Single Judge has taken note of the

statutory requirements of Rules 34 and 35, Chapter XIVA of KER

and also the law laid down a Full Bench of this Court in Abraham

A.G. and others v. State of Kerala and others [2009 (3) KLT

659]. The appellant, who was working as HST (SS) at KHMHSS,

Alathiyoor, as on 01.06.2024, on deployment as a protected

teacher, is not legally entitled to be appointed as the Headmaster

in the High School section of ZMHSS, Poolamangalam, in the

vacancy which arose on 01.06.2024.

14. Chapter XIVA of KER deals with the conditions of

service of aided school teachers. As per Rule 1, Chapter XIVA of

KER, the Managers of private schools shall appoint only candidates

who possess the prescribed qualification.

15. As per Rule 44, Chapter XIVA of KER, the appointment

of Headmasters, Headmistresses and Vice-Principals shall 2025:KER:82644

ordinarily be according to seniority from the seniority list prepared

and maintained under clauses (a) and (b), as the case may be, of

Rule 34. The Manager will appoint the Headmaster, Headmistress

and Vice-Principal, subject to the Rules laid down in the matter. A

teacher, if he is aggrieved by such an appointment, will have the

right of appeal to the Department. As per Note to Rule 44,

whenever the Manager intends to appoint a person as

Headmaster, Headmistress and Vice-Principal, other than the

senior claimant, the Manager shall obtain a written consent from

such senior claimant renouncing his claim permanently. Such

consent shall have the approval of the Educational Officer

concerned.

16. As per Rule 44A, Chapter XIVA of KER, subject to the

provisions contained in sub-rule (1) of Rule 44, the minimum

service qualification for appointment as Headmaster,

Headmistress and Vice-Principal in Aided Complete High Schools/

Training schools shall be twelve years of continuous graduate

service with a pass in the test in Kerala Education Act and the

Kerala Education Rules and a pass in account Test (Lower)

conducted by Kerala Public Service Commission. As per the first 2025:KER:82644

proviso to Rule 44A, Headmasters, Headmistresses and Vice-

Principals of High Schools and Training Schools, who were actually

holding the said post on the 11th day of June, 1974, shall stand

exempted from passing the Account Test (Lower). As per the

second proviso to Rule 44A, teachers who have attained the age

of 50 years shall stand exempted permanently from acquiring the

test qualification specified in sub-rule (1). As per the third proviso

to Rule 44A, inserted with effect from 01.06.2015,

notwithstanding anything contained in the second proviso, in the

case of appointment to the post of Headmaster, preference shall

be given to those teachers who have acquired the test

qualifications specified in Rule 44A.

17. As per Rule 49, Chapter XIVA of KER, qualified

teachers, except Headmasters appointed in vacancies which are

not permanent, which extend over the summer vacation, and who

continue in such vacancies till the closing date, shall be retained

in the vacancies during the vacation, if their continuous service as

on the closing day is not less than eight months. The teachers so

retained shall be entitled to the vacation salary. These teachers

shall be relieved on the closing day, if their continuous service as 2025:KER:82644

on that day is less than the aforesaid period. This rule shall not

apply to teachers appointed in training vacancies. As per the

Explanation to Rule 49, for the purpose of Rule 49, 'Headmaster'

includes Teacher-in-charge, Headmistress, Vice-Principal, also.

18. As per Rule 51, Chapter XIVA of KER, when a vacancy

in any category of post terminates necessitating the relief of a

teacher, senior hands shall ordinarily be retained in preference to

junior hands, with due regard to the requirement of subjects

determined by the Director under sub-rule (1) of Rule 1 and to the

instructions issued by him under sub-rule (4) of Rule 1.

19. As per sub-rule (1) of Rule 52, Chapter XIVA of KER,

teachers who are relieved on account of any reduction in the

number of posts under orders of the Department shall, on re-

appointment in the same school or in another school under the

same management or a different management, start on the same

pay as they were getting at the time of relief, whether the new

appointment is permanent or not. As per sub-rule (2) of Rule 52,

teachers thrown out of service due to the withdrawal of recognition

of schools by the Department shall also be eligible to draw the pay 2025:KER:82644

which they were getting at the time of withdrawal of recognition

of the school on re-appointment in another school.

20. As per Rule 51A, Chapter XIVA of KER, qualified

teachers who are relieved as per Rule 49 or 52 or on account of

termination of vacancies shall have preference for appointment to

future vacancies in the same or higher or lower category of

teaching posts, for which he is qualified, that may arise if there is

no claimant under Rule 43 in the lower category in schools under

the same Educational Agency or an Educational Agency to which

the school may be subsequently transferred, provided they have

not been appointed in permanent vacancies in schools under any

other Educational Agency. As per the first proviso to Rule 51A, a

teacher who was relieved under Rule 49 or Rule 52 shall not be

entitled to preference for appointment under this rule unless such

teacher has a minimum continuous service of one academic year

as on the date of relief. As per the second proviso to Rule 51A, the

first preference under this rule shall be given to protected teachers

belonging to the same Educational Agency.

21. As per Note 1 of Rule 51A, Chapter XIVA of KER, if there

are more than one claimant under this Rule, the order of 2025:KER:82644

preference shall be according to the date of first appointment. If

the date of first appointment is the same, then preference shall be

decided with reference to age, the older being given first

preference. In making such appointments, due regard should be

given to the requirement of subjects and to the instructions issued

by the Director under sub-rule (4) of Rule 1, as far as High schools

are concerned. As per Note 1A of Rule 51A, fresh appointments to

vacancies arising in the same or higher or lower category of

teaching posts under the Educational Agency shall be made only

after providing re-appointment to such teachers thrown out from

service and protected teachers available under the Educational

Agency. As per the Explanation, for the purpose of this clause,

'protected teacher' means a teacher who has been retrenched for

want of vacancy after putting such length of regular service that

may be specified by the Government or who is eligible for such

Protection as per G.O.(Ms.)No.104/69/Edn. dated 06.03.1969 or

G.O.(Ms.)No.231/84/G.Edn. dated 27.10.1984 or any other

orders issued by the Government from time to time. As per Note

2 of Rule 51A, the Manager should issue an order of appointment

to the teacher by Registered post acknowledgement due and give 2025:KER:82644

a period of 14 (fourteen) clear days to the teacher to join duty. If

the teacher does not join duty in time, the Manager should give a

further notice to the teacher stating that another person would be

appointed instead and that the preferential right under this rule

would be forfeited if not exercised within another 7 (seven) clear

days. If nothing is heard during that time also, the preferential

right under the rule will be regarded as forfeited.

22. Rule 34, Chapter XIVA of KER deals with seniority lists.

As per Rule 34, every management shall, subject to the provisions

contained in Rule 37, prepare and maintain in Form II-A a staff

list, otherwise called a seniority list, each for teachers in the High

Schools and those in the Primary Schools, as specified in clauses

(a) and (b). As per clause (a) of Rule 34, in the case of High

Schools, a combined seniority list of High School Assistants

(Subjects) and High School Assistants (languages) specified in

clauses (ii) and (ii-A) of Rule 3, Chapter XXIII shall be prepared

giving the High School Assistants (Languages) the credit of their

entire service as High School Assistants (Languages), irrespective

of whether they are Graduates or Title Holders, without prejudice

to the inter se seniority of High School Assistants (Subjects) and 2025:KER:82644

High School Assistants (Languages). The purpose of the seniority

list under clause (a) of Rule 34 shall be only to determine the

relative position of persons who shall be eligible for promotion as

High School Headmaster or Headmistress or Vice-Principal by

virtue of length of service and prescribed qualifications for

promotion as High School Headmaster or Headmistress or Vice-

Principal.

23. As per Rule 35, Chapter XIVA of KER, if the Educational

Agencies have more than one school in a District, they shall be

constituted into one unit and a common seniority list shall be

prepared for all the schools in the unit together and shall be

submitted to the concerned District Educational Officer for

approval. If the Educational Agencies have schools in more than

one District within a Revenue District, they shall be constituted as

one unit and a common seniority list shall be prepared for all the

schools in the unit together and submitted to the concerned

Deputy Director (Education) for approval. If the Educational

Agencies have schools in more than one Revenue District, they

shall be constituted as one unit, and a common seniority list shall

be prepared for all the schools together and shall be submitted to 2025:KER:82644

the Director for approval. The District Educational Officer, the

Deputy Director (Education) and the Director, as the case may be,

may approve the list provisionally pending finalisation of appeals,

if any, preferred by aggrieved teachers. The proviso to Rule 35

and Note 1 deals with the option of the Educational Agency to

constitute Girls' High Schools and Training Schools for women

under it as a separate unit.

24. As per Note 2 to Rule 35, Chapter XIVA of KER, the

seniority list shall be made as on the 1st day of January of every

year. The list should be made up-to-date and renewed every year.

The supplementary list during a school year, showing the names

of teachers appointed and got approved by the Controlling

Officers, shall be sent by the Educational Agency to the authority

competent to approve the list, with copies to all sub-controlling

officers concerned, before 31st May every year. The competent

authority shall approve the list provisionally by 30th June and

finally by 31st August every year. As per Note 3 to Rule 35, in case

the Educational Agency fails to comply with the provisions in Note

2 above, it shall be held responsible and such failure on the part

of the Educational Agency shall be deemed to be sufficient cause 2025:KER:82644

for taking steps referred to in sub-rule (2) of Rule 7, Chapter III

of KER.

25. As per Rule 36, Chapter XIVA of KER, the staff list as

provisionally approved shall be circulated to the teachers and

representations, if any, received from the teachers within one

month from the date of circulation, shall be submitted to the

concerned officer competent to approve the list, with the

management's remarks, within two months from the date of

receipt of the list provisionally approved, to the authorities

specified in Rule 35. The list shall be maintained by the

management and produced whenever required by the

Departmental authorities.

26. As per sub-rule (1) of Rule 37, Chapter XIVA of KER,

the seniority of a teacher in any grade in any unit shall be decided

with reference to the length of continuous service in that grade in

that unit, provided he is duly qualified for the post. As per sub-

rule (2) of Rule 37, in the case of teachers in the same grade in

the same unit, whose date of commencement of continuous

service is the same, seniority shall be decided with reference to

the date of first appointment. If the date of the first appointment 2025:KER:82644

is also the same, seniority shall be decided with reference to age,

the older being the senior. As per the proviso to sub-rule (1) of

Rule 37, added by G.O.(P)No.130/2010/G.Edn. dated 23.07.2010,

the period of service rendered in the parent school or in another

school by a teacher, who is relieved under Rule 52, shall be

reckoned for seniority on his re-appointment to the parent school.

27. Though the stand taken in the counter affidavit dated

04.07.2024 filed by the 6th respondent is that Ext.R6(b) is a copy

of the approved seniority list as on 01.01.2024, as per the

endorsement made by the 4th respondent District Educational

Officer on Ext.R6(b), the seniority list as on 01.01.2024 is

provisionally approved. The said endorsement is one made on

17.02.2024. The stand taken in the counter affidavit dated

19.11.2024 filed by the 4th respondent District Educational Officer

is that as per Ext.P10 Government order dated 08.01.2024, the

seniority list from 01.01.2024 onwards has to be submitted

through Samanwaya. The process of approving the seniority list

through Samanwaya has not been completed, as no further

instructions have been received. Therefore, the seniority list as on

01.01.2024 has been provisionally approved. According to the 4th 2025:KER:82644

respondent, as per Ext.P11 circular dated 20.02.2024 issued by

the 2nd respondent Director of General Education, protected

teachers, who have been working in other management, should

not be included in the seniority list.

28. Prior to the addition of the proviso to sub-rule (1) of

Rule 37, Chapter XIVA of KER with effect from 23.07.2010, the

legal position was as laid down by a Full Bench of this Court in

Abraham A.G. and others v. State of Kerala and others

[2009 (3) KLT 659].

29. In Abraham A.G. [2009 (3) KLT 659], the question

referred for consideration of the Full Bench was whether protected

teachers would lose seniority in their parent school, on being

deployed to Government schools, or whether they could count the

period of their deployment also for the purpose of reckoning

seniority in their parent school. After referring to the provisions

contained in sub-rule (1) of Rule 37, Chapter XIVA of KER (as it

stood prior to the addition of the proviso), the Full Bench observed

that sub-rule (1) of Rule 37 is very specific that seniority of any

teacher in any grade in any unit shall be decided with reference to

the continuous service in that grade in that unit, provided the 2025:KER:82644

incumbent is qualified for the post. It means that broken service

cannot be reckoned. Rule 34, Chapter XIVA of KER, inter alia, says

that in High Schools, a common seniority list of High School

Assistant (Core subjects) and High School Assistant (Languages)

shall be prepared. Rule 35 provides that if there is more than one

school, all the schools under the educational agency shall be

treated as one unit for the purpose of seniority. Rule 36 deals with

the publication of the seniority list. Going by Rule 37, it is

manifestly clear that broken service cannot be counted for the

purpose of seniority.

30. In Abraham A.G. [2009 (3) KLT 659], in the context

of Rule 37, Chapter XIVA of KER (as it stood prior to the addition

of the proviso), the Full Bench held that a plain reading of Rule 37

would show that if a teacher is deployed to a Government School

on protection, the same will affect her seniority because seniority

is reckoned with reference to the continuous qualified service in

the concerned unit. The observation made by the Division Bench

in Rahellamma v. State of Kerala [1997 (2) KLT 429] that

the service rendered as a protected teacher cannot be taken into

consideration as service for the purpose of seniority in the parent 2025:KER:82644

school is the correct legal position. But the view that the said

service cannot be reckoned to compute the length of service

mentioned in Rule 45, Chapter XIVA of KER is no longer a good

law, in view of the Full Bench decision of this Court

in Pushparaj v. Manoharan [2006 (2) KLT 951], wherein it

was held that as the stipulation in Rule 45 is essentially one of

qualification for eligibility for consideration to the post of

headmaster, meaning thereby that graduate service equivalent to

half of the service of the undergraduate teacher is considered as

one of the eligibility conditions of the graduate teacher for getting

preference over the senior undergraduate teacher, there cannot

be any doubt that for deciding the eligibility condition, as in the

case of Rule 44A, in the case of Rule 45 also, service in another

school of both teachers can be reckoned to decide such eligibility.

31. In Usha Devi v. State of Kerala [2002 (1) KLT

615], a decision relied on by the learned counsel for the 6 th

respondent, a Division Bench of this Court held that the

maintenance of a seniority list is absolutely essential in respect of

every establishment, as the absence of the same is likely to create

unwanted and unnecessary disputes. The relevance of such a 2025:KER:82644

statutory provision cannot but be emphasised. Such a list is to be

made up-to-date and renewed every year, and a supplementary

list showing the names of fresh appointees is also to be prepared

and got approved so as to ensure its authenticity. The Rule

provides that if the educational agency fails to comply with the

provisions, it shall be deemed to be sufficient cause for taking

action against the institution.

32. In Usha Devi [2002 (1) KLT 615], on the facts of the

case at hand, the Division Bench noticed that in the final seniority

list published as on 1st January, 1995, the petitioner was shown as

senior to Usha Devi. The said seniority list was published after

circulating the provisional seniority list, calling for objections. Usha

Devi has not filed any objections against the provisional seniority

list. Even after publishing the final seniority list, she has not

challenged the seniority of the petitioner. Therefore, the seniority

position of the petitioner is final as on 1st January, 1995. Seniority

lists for subsequent years are published only to accommodate the

new entrants in service and not to revise the settled position of

others. Usha Devi, who has not challenged the seniority list

published in the year 1995, filed objections to the provisional 2025:KER:82644

seniority list published in the year 1999, questioning the settled

seniority of the petitioner. The Division Bench noticed the settled

position in service law that every person is entitled to sit back and

consider that his seniority settled long ago would not be unsettled

after the lapse of a number of years. The Division Bench, in the

context of sub-rule (1) of Rule 37, Chapter XIVA of KER, as it stood

prior to the addition of the proviso, held that a protected teacher

has no right to seniority in the parent school from the initial date

of appointment.

33. In Prasad V.B. v. Manager, Philipose Mar Dilshus

U.P. School [2005 (3) KLT 487], a Division Bench of this Court

reiterated the law laid down in Mar Sleeba UPS v. State of

Kerala [1990 (1) KLT 626] that a protected teacher has no

claim for the post of headmaster as he is not a member of the

staff of the parent school during that time though he has a claim

under Rule 51A of Chapter XIVA of KER. In the said decision, the

Division Bench was dealing with a case in which the appellant was

on protection when the vacancy in the post of Headmaster arose

on 01.06.1994.

2025:KER:82644

34. As made clear in clause (a) of Rule 34, Chapter XIVA of

KER, the purpose of the seniority list under clause (a) shall be only

to determine the relative position of persons who shall be eligible

for promotion as High School Headmaster or Headmistress or

Vice-Principal by virtue of length of service and prescribed

qualifications for promotion as High School Headmaster or

Headmistress or Vice-Principal. Note 2 to Rule 35, Chapter XIVA

of KER provides that the seniority list shall be made as on the 1st

day of January of every year, which should be made up-to-date

and renewed every year. Note 2 provides for a supplementary list

during a school year, before 31st May every year, showing the

names of teachers appointed, whose appointments are approved

by the Controlling Officers, which shall be sent to the authority

competent to approve the list, with copies to all sub-controlling

officers concerned, and the competent authority shall approve the

said list provisionally by 30th June and finally by 31st August every

year. Rule 36, Chapter XIVA of KER, provides for the circulation of

the provisionally approved staff list and its approval by the

competent officer, after considering the representations, if any,

received from the teachers within one month from the date of 2025:KER:82644

circulation, along with the remarks of the management. The

competent officer shall approve the staff list provisionally

approved, within two months from the date of receipt of the same,

along with such representations and remarks.

35. In view of the provisions contained in sub-rule (1) of

Rule 37, Chapter XIVA of KER, the seniority of a teacher in any

grade in any unit shall be decided with reference to the length of

continuous service in that grade in that unit, provided he is duly

qualified for the post. In every other service, the seniority is

normally determined with reference to the date of regular

appointment. However, in the case of teachers in aided schools,

their seniority is determined with reference to the length of

continuous service in that grade in that unit, provided the teacher

is duly qualified for the post.

36. In Usha Devi [2002 (1) KLT 615], a Division Bench

of this Court, in the context of sub-rule (1) of Rule 37, Chapter

XIVA of KER, as it stood prior to the addition of the proviso, held

that a protected teacher has no right to seniority in the parent

school from the initial date of appointment. Later, in Abraham

A.G. [2009 (3) KLT 659], a Full Bench of this Court, after 2025:KER:82644

referring to sub-rule (1) of Rule 37, Chapter XIVA of KER, as it

stood prior to the addition of the proviso, held that sub-rule (1) of

Rule 37 is very specific that seniority of any teacher in any grade

in any unit shall be decided with reference to the continuous

service in that grade in that unit, provided the incumbent is

qualified for the post. It means that broken service cannot be

reckoned. A plain reading of Rule 37 would show that if a teacher

is deployed to a Government School on protection, the same will

affect her seniority because seniority is reckoned with reference

to the continuous qualified service in the concerned unit.

37. After the decision of the Division Bench in Usha Devi

[2002 (1) KLT 615] and the decision of the Full Bench in

Abraham A.G. [2009 (3) KLT 659], by adding the proviso to

sub-rule (1) of Rule 37, Chapter XIVA of KER, with effect from

23.07.2010, it is provided that, in the case of an aided school

teacher who is relieved under Rule 52, the period of service

rendered in the parent school or in another school shall be

reckoned for seniority on his re-appointment to the parent school.

Therefore, in view of the proviso of sub-rule (1) of Rule 37, in the

case of an aided school teacher who is relieved under Rule 52, on 2025:KER:82644

account of any reduction of posts in the parent school under the

orders of the Department, the period of service rendered in the

parent school or in another school shall be reckoned for seniority

on his re-appointment to the parent school. On re-appointment to

the parent school, the protected teacher is entitled to be reckoned

for seniority, the period of service rendered in the parent school

or in another school. In other words, on re-appointment in the

parent school, the seniority of the protected teacher shall be

decided with reference to his length of continuous service in that

grade, after reckoning the service rendered by him in the parent

school or in another school.

38. In view of the proviso to sub-rule (1) of Rule 37,

Chapter XIVA of KER, added with effect from 23.07.2010, a

protected teacher, on his re-appointment to the parent school, is

legally entitled to placement in the seniority list prepared under

Rule 34, Chapter XIVA of KER, and approved by the competent

authority under Rule 35, read with the provisions under Note 2 to

the said Rule, with reference to the date of his re-appointment to

the parent school. In case the re-appointment of a protected

teacher to the parent school is delayed, either due to the delay on 2025:KER:82644

the part of the competent authority of the Department in issuing

an order recalling him to the parent school or due to the delay on

the part of the Educational Authority concerned in permitting him

to rejoin the parent school, thereby denying his claim for

promotion under Rule 43, Chapter XIVA of KER to a vacancy in

any higher grade of pay, or promotion under Rules 43A, 43B or

43C, or his claim for appointment as Headmaster, Headmistress

or Vice-Principal under Rules 44 or 45, Chapter XIVA of KER or his

claim for preferential appointment under Rule 51A, Chapter XIVA

of KER, he shall be entitled to re-appointment to the parent school

with effect from the date of occurrence of vacancy in the parent

school; for placement in the seniority list prepared under Rule 34,

Chapter XIVA of KER, and approved by the competent authority

under Rule 35, read with the provisions under Note 2 to the said

Rule, with effect from the date of occurrence of that vacancy in

the parent school; and for consideration of his claim for promotion,

appointment or preferential appointment under the above rules,

in any vacancy which occurred in the parent school subsequent to

the date of occurrence of the vacancy in the grade in which he was

entitled for re-appointment. Any interpretation to the contrary 2025:KER:82644

would defeat the very object of the amendment made to sub-rule

(1) of Rule 37, Chapter XIVA of KER, with effect from 23.07.2010,

by adding a proviso thereto.

39. In the case at hand, Smt. Khadeeja P., HST (SS) in

ZMHSS, Poolamangalam, retired from service on 30.04.2024,

resulting in a vacancy of HST (SS) for re-appointing the appellant-

petitioner, who was working as a protected teacher in KHMHSS,

Alathiyoor, to the parent school. Later, Smt. Pushpalatha V.R., the

Headmistress of ZMHSS, Poolamangalam, also retired from

service on 31.05.2024, resulting in a vacancy for making an

appointment under Rule 44, Chapter XIVA of KER. Anticipating the

said vacancies, the appellant submitted Ext.P1 representation

dated 16.09.2023 before the 2nd respondent Director of General

Education, with a request to post him in the parent school, in the

retirement vacancy of Smt. Khadeeja P., HST (SS), and then

consider his claim for appointment as Headmaster of the school.

40. Though Smt. Khadeeja P. retired from service on

30.04.2024, resulting in a vacancy of HST (SS) in ZMHSS,

Poolamangalam, for re-appointing the appellant in the parent

school, the 3rd respondent Deputy Director of Education issued 2025:KER:82644

Ext.P6 order for that purpose only on 03.06.2024. Though Ext.P6

order is dated 29.05.2024, the 3rd respondent signed the said

order only on 03.06.2024. Based on Ext.P6 order, the appellant

was relieved from KHMHSS, Alathiyoor, on 03.06.2024 AN, and he

rejoined the parent school, i.e., ZMHSS, Poolamangalam, on

04.06.2024 FN. On the retirement of Smt. Pushpalatha V.R. on

31.05.2024, the 4th respondent District Educational Officer, who is

functioning as the Manager of ZMHSS, Poolamangalam, placed the

6th respondent, who was an HST (Physical Science), as the

Headmaster-in-charge in the High School Section of that school,

with effect from 01.06.2024.

41. The appellant, on rejoining duty in the parent school,

submitted Ext.P8 representation dated 09.06.2024 before the 4th

respondent District Educational Officer, to enter his name in all the

records of ZMHSS, Poolamangalam, and to appoint him as the

Headmaster in the High School Section of that school, in the

vacancy that arose from 01.06.2024. The 4th respondent issued

Ext.P9 communication dated 15.06.2024, whereby the appellant

was informed that he cannot be considered for appointment as

Headmaster in the High School Section of ZMHSS, 2025:KER:82644

Poolamangalam, as his name was not included in the seniority list

of the teachers in that school, as on 01.01.2024. Further, he has

not rejoined the parent school on 01.06.2024. In W.P.(C)No.22357

of 2024, the learned Single Judge passed an interim order dated

23.07.2024 to the effect that approval for the appointment of the

6th respondent shall be subject to the outcome of the writ petition.

42. In the impugned judgment dated 29.01.2025, the

learned Single Judge found that though the petitioner (appellant

herein) was served with Ext.P6 order of redeployment to the

parent school as HST (SS) on 29.05.2024, he could join the parent

school only on 04.06.2024. Therefore, the petitioner was not a

teacher of the parent school as on 01.06.2024, the date of

occurrence of the vacancy of Headmaster. The petitioner was not

included in the seniority list of the parent school, drawn as on

01.01.2014. As per the Rules, the supplementary list during a

school year is liable to be sent before 31st May of every year. The

competent authority has to approve the list provisionally by 30 th

June and finally by 31st August every year. The name of the

petitioner is not in the seniority list of the school as on 01.01.2024

or as on 31.05.2024. The petitioner was not physically working in 2025:KER:82644

the parent school, as on 01.06.2024, the date of the occurrence

of the vacancy. Ext.P7 relieving order indicates that the petitioner

was relieved from the deployed school only on 03.06.2024.

Therefore, the learned Single Judge concluded that the petitioner

cannot aspire to claim the post of Headmaster, which arose in the

parent school on 01.06.2024. Hence, there is no illegality in Ext.P9

communication dated 15.06.2024.

43. By the order dated 06.03.2025 in this writ appeal, it

was ordered that approval to the appointment of the 6th

respondent will be subject to the outcome of the writ appeal. On

10.04.2025, it was ordered that, if the appellant is being

retrenched for want of strength, that shall not be done without

orders from this Court. On 05.06.2025, while admitting the writ

appeal on file, it was made clear that the interim order granted by

the Division Bench on 06.03.2025 shall continue to be in force.

44. As already noticed hereinbefore, though Ext.P6 order

of the 3rd respondent Deputy Director of Education is dated

29.05.2024, the 3rd respondent signed the said order only on

03.06.2024. Therefore, based on Ext.P6 order, the appellant was

relieved from KHMHSS, Alathiyoor, on 03.06.2024 AN, and he 2025:KER:82644

could rejoin the parent school, i.e., ZMHSS, Poolamangalam, only

on 04.06.2024 FN. Therefore, the finding of the learned Single

Judge that the petitioner (appellant herein) was served with

Ext.P6 order of redeployment to the parent school as HST (SS) on

29.05.2024 is factually incorrect.

45. Anticipating the vacancy in the parent school, the

appellant submitted Ext.P1 representation dated 16.09.2023

before the 2nd respondent Director of General Education, with a

request to post him in the parent school, in the retirement vacancy

of Smt. Khadeeja P., HST (SS), and then consider his claim for

appointment as Headmaster of the school. As evident from

Annexure A order dated 04.04.2017 of the Block Programme

Officer, Block Resource Centre, Adoor, produced along with

I.A.No.1 of 2025 filed in this writ appeal, Smt. Mini R., another

protected teacher of ZMHSS, Poolamangalam, was relieved with

effect from 04.04.2017, based on the order passed by the 3rd

respondent Deputy Director of Education, for rejoining the parent

school. Therefore, there was no legal impediment in recalling a

protected teacher to his parent school during summer vacation,

as protected teachers are drawing their salary throughout their 2025:KER:82644

service, from the parent school. Neither Ext.P9 communication

dated 15.06.2024 nor the counter affidavit dated 19.11.2024 filed

in the writ petition by the 4th respondent District Educational

Officer contains any explanation for delaying the issuance of

Ext.P6 order dated 29.05.2024 of the 3rd respondent Deputy

Director of Education till 03.06.2024, thereby denying an

opportunity to the appellant to rejoin the parent school as HST

(SS), at least on 29.05.2024, in the vacancy that occurred due to

the retirement of Smt. Khadeeja P. on 30.04.2024. The said

vacancy occurred in the parent school, much before the date of

retirement of Smt. Pushpalatha V.R. on 31.05.2024, resulting in a

vacancy of Headmaster on 01.06.2024. The continuous service of

the appellant-petitioner in the post of HST (SS) commenced on

17.08.1994, whereas that of the 6th respondent as HST (Physical

Science) commenced only on 17.07.1995. The 6th respondent is

Sl.No.3 in Ext.R1(b) seniority list as on 01.01.2024, provisionally

approved by the 4th respondent District Educational Officer. If the

appellant was permitted to rejoin the parent school as HST (SS),

either on the date of occurrence of vacancy, i.e., 01.05.2024, or

at least on 29.05.2024, the date shown in Ext.P6 order of the 3rd 2025:KER:82644

respondent Deputy Director of Education, he would have become

the seniormost qualified HST in ZMHSS, Poolamangalam, as on

01.06.2024, for being appointed as the Headmaster of that school.

46. As concluded hereinbefore at paragraphs 37 and 38, in

view of the proviso of sub-rule (1) of Rule 37, Chapter XIVA of

KER, added with effect from 23.07.2010, in the case of an aided

school teacher who is relieved under Rule 52, on account of any

reduction of posts in the parent school under the orders of the

Department, the period of service rendered in the parent school

or in another school shall be reckoned for seniority on his re-

appointment to the parent school. On re-appointment in the

parent school, the seniority of the protected teacher shall be

decided with reference to his length of continuous service in that

grade, after reckoning the service rendered by him in the parent

school or in another school. A protected teacher, on his re-

appointment to the parent school, is legally entitled to placement

in the seniority list prepared under Rule 34, Chapter XIVA of KER,

and approved by the competent authority under Rule 35, read with

the provisions under Note 2 to the said Rule, with reference to the

date of his re-appointment to the parent school. In case the re-

2025:KER:82644

appointment of a protected teacher to the parent school is

delayed, either due to the delay on the part of the competent

authority of the Department in issuing an order recalling him to

the parent school or due to the delay on the part of the Educational

Authority concerned in permitting him to rejoin the parent school,

thereby denying his claim for appointment as Headmaster,

Headmistress or Vice-Principal under Rule 44, Chapter XIVA of

KER, he shall be entitled to re-appointment to the parent school

with effect from the date of occurrence of vacancy in the parent

school; for placement in the seniority list prepared under Rule 34,

Chapter XIVA of KER, and approved by the competent authority

under Rule 35, read with the provisions under Note 2 to the said

Rule, with effect from the date of occurrence of that vacancy in

the parent school; and for consideration of his claim for

appointment as Headmaster, Headmistress or Vice-Principal under

Rule 44, Chapter XIVA of KER, in any vacancy which occurred in

the parent school subsequent to the date of occurrence of the

vacancy in the grade in which he was entitled for re-appointment.

47. In the case of the appellant-petitioner, his re-

appointment to the parent school as HST (SS) in the vacancy 2025:KER:82644

occurred due to the retirement of Smt. Khadeeja P. on 30.04.2024

was delayed since the 3rd respondent Deputy Director of Education

signed Ext.P6 order dated 29.05.2024, only on 03.06.2024. As

evident from Annexure A order dated 04.04.2017 of the Block

Programme Officer, Block Resource Centre, Adoor, Smt. Mini R.,

another protected teacher of ZMHSS, Poolamangalam, was

relieved with effect from 04.04.2017, based on the order passed

by the 3rd respondent Deputy Director of Education, for rejoining

the parent school. Therefore, there was no legal impediment in

recalling the appellant, who was a protected teacher, to his parent

school during summer vacation, as protected teachers are drawing

their salary throughout their service, from the parent school. Since

the 3rd respondent signed Ext.P6 order dated 29.05.2024 only on

03.06.2024, the appellant was denied an opportunity to rejoin the

parent school as HST (SS), at least on 29.05.2024, in the vacancy

that occurred due to the retirement of Smt. Khadeeja P. on

30.04.2024, which occurred in the parent school, much before the

date of retirement of Smt. Pushpalatha V.R. on 31.05.2024,

resulting in a vacancy of Headmaster on 01.06.2024. In such

circumstances, the reasoning of the learned Single Judge in the 2025:KER:82644

impugned judgment dated 29.01.2025 in W.P.(C)No.22357 of

2024 to decline the reliefs sought for in the said writ petition

cannot be legally sustained.

48. In the result, this writ appeal is disposed of by setting

aside the impugned judgment dated 29.01.2025 of the learned

Single Judge in W.P.(C)No.22357 of 2024. Since the re-

appointment of the appellant, who was a protected teacher, as

HST (SS) in the vacancy that occurred in the parent school, i.e.,

ZMHSS, Poolamangalam, due to the retirement of Smt. Khadeeja

P. on 30.04.2024, was delayed due to the delay on the part of the

3rd respondent Deputy Director of Education in issuing an order

recalling him to the parent school, thereby denying his claim for

appointment as Headmaster under Rule 44, Chapter XIVA of KER,

in the vacancy occurred due to the retirement of Smt. Pushpalatha

V.R. on 31.05.2024, it is ordered that the appellant is entitled to

re-appointment in ZMHSS, Poolamangalam, the parent school, as

HST (SS), with effect from the date of occurrence of vacancy, i.e.,

01.05.2024; for placement in the seniority list of ZMHSS,

Poolamangalam, for the year 2024, prepared under Rule 34,

Chapter XIVA of KER, with effect from the date of occurrence of 2025:KER:82644

the vacancy of HST (SS), i.e., 01.05.2024; and for appointment

as Headmaster under Rule 44, Chapter XIVA of KER, in the

vacancy which occurred in ZMHSS, Poolamangalam, the parent

school, on 01.06.2024. Ext.P9 communication dated 15.06.2024

issued by the 4th respondent District Educational Officer and the

approval granted to the appointment of the 6th respondent as

Headmaster, ZMHSS, Poolamangalam, with effect from

01.06.2024, vide order No.B3/729583/2024 dated 24.07.2024,

which was made subject to the result of W.P.(C)No.22357 of 2024

(in view of the interim order dated 23.07.2024), which was also

subject to the outcome of this writ appeal (in view of the interim

order dated 06.03.2025 in this writ appeal), are set aside.

The 4th respondent District Educational Officer, who is

functioning as the Manager of ZMHSS, Poolamangalam, shall

appoint the appellant as the Headmaster of the school, with effect

from 01.06.2024, with all consequential benefits. The appellant

shall also be given placement in the seniority list of ZMHSS,

Poolamangalam, for the year 2024, prepared under Rule 34,

Chapter XIVA of KER, with effect from the date of occurrence of

the vacancy of HST (SS), i.e., 01.05.2024. Necessary steps in this 2025:KER:82644

regard shall be taken by the 4th respondent District Educational

Officer, who is functioning as the Manager of ZMHSS,

Poolamangalam, and also by the 3rd respondent Deputy Director

of Education, within a period of one month from the date of receipt

of a certified copy of this judgment.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

MURALEE KRISHNA S., JUDGE

AV 2025:KER:82644

PETITIONER ANNEXURES

Annexure A A TRUE COPY OF THE RELIEVING ORDER NO.

A/1/2017-18 DATED 04.04.2017 ISSUED BY THE BLOCK PROGRAMME OFFICER, BRC, ADOOR RELIEVING ONE MRS. MINI R.

 
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