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1987 Supreme(Ker) 476

SREEDHARAN
KESAVA KURUP – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. Petitioners, 6 number, are teachers. They were working in the school belonging to the 4th respondent, N.S.S. Karayogham. The 4th respondent transferred the school and its management to the 5th respondent, the Nair Service Society. This transfer is challenged on the ground that it affected the petitioners' seniority and right, pot to be transferred from the school. It is the further case of the petitioners that the transfer was against the provisions contained in S.6 of the Kerala Education Act and R.5A of Chap.3 of the Kerala Education Rules.

2. The 4th respondent started the school and it had under its management this school alone. The petitioners were teachers in the school. Their seniority was fixed as between the members of the staff in that unit. They were free from transfer to distant places because the 4th respondent had only this school under its management.

3. The 5th respondent is a corporate management. If the 5th respondent gets the ownership and management of the school, the seniority of the petitioners will have to be decided taking into consideration the service of other members of the staff in the various schools belonging to the 5th respondent. Petitio





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