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2003 Supreme(Ker) 147

K.S.RADHAKRISHNAN, JAWAHAR LAL GUPTA, CYRIAC JOSEPH
V. Sasidharan Nair – Appellant
Versus
State of Kerala – Respondent


Judgment :-

Jawahar Lal Gupta, C.J. (Oral)

Does a teacher who is transferred from one school to another and is placed at the bottom of the seniority list in the new school, which is under a different management, lose the benefit of the service rendered by him in the previous school for the determining his eligibility for promotion to the post of Headmaster? This is the short question that arises for consideration in this appeal. A few facts as relevant for the decision of the case may be briefly noticed.

2. On June 21, 1980, the appellant joined service as a High School Assistant in Mathematics at the I.O. High School, Edavanna. On February 1, 1986, he was transferred under Rule 11 of Chapter XIV-A, of the Kerala Education Rules to the P.T.M. High School, Maruthoorkonam. In pursuance to the order of transfer, the appellant was relieved of his duties on February 13, 1986. He joined the new school on February 14, 1986. On his transfer, the appellant was placed at the bottom of the seniority list in the cadre of High School Assistants.

3. The 6th respondent had joined service at the P.T.M. High School, Maruthoorkonam on July 15, 1985. In the seniority list a maintained under Rules 34 and






































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