Thottathil B. Radhakrishnan, J.

The first respondent was appointed as an High School Assistant (H.S.A.) on 15.7.1974 in an aided school. The petitioner was appointed as an H.S.A. in that school on 15.7.1976. Both of them had continuous service of more than 12 years immediately preceding 31.3.1999, on which date the post of the Head Master of the School fell vacant on superannuation of the then incumbent. Both of them possessed the requisite qualification for being promoted to the post of the Head Master.

2. The unfortunate fate of the School in question is that, in view of the disputes between the participants in the educational agency, at that time there appears to have been an arrangement whereby there would be a change of management between rival groups during every financial year (academic year).

3. By Ex.P1 dated 31.03.1999, the then Manager of the School appointed the petitioner as the Headmistress.

4. By virtue of the aforesaid arrangement as regards management, a new Manager came in on 1.4.1999, i.e., the day immediately succeeding the issuance of Ext.P1 order. He issued Ex.P2 on 1.4.1999, appointing the first respondent as the Headmistress.

5. It is stated at the ba