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2001 Supreme(Ker) 294

K.A.ABDUL GAFOOR
Saramma Joseph – Appellant
Versus
Secretary To Government, General Education A Dept. Government of Kerala – Respondent


Judgment :-

The Order of the Court was as follows :

Challenge is against Exts. P2 and P4. There was a seniority dispute between the petitioner and the 4th respondent. That was finally decided in Ext. P2. The petitioner was aggrieved by Ext. P2 and took up the matter before the Government. Government passed Ext. P4. That also is against the petitioner. That is why those orders are under challenge. The petitioner commenced continuous service in the school managed by the third respondent only with effect from 6-6-1979. The 4th respondent was working in another school. He was transferred on inter-management basis to the school managed by the third respondent where the petitioner works, on 23-11-1978. He joined that school on that date. His seniority in that unit has to be counted from that date, as he has continuous service in that school from that date. Going by rule 37 Chapter XIV - A KER. Seniority of a teacher in any grade in any unit shall be decided with reference to the length of continuous service in that unit. Provided he is fully qualified for the post. Going by this provision, the petitioner's seniority has to be decided with reference to 6-6-1979 when the petitioner admitted



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