1. The appellant having relinquished his claim temporarily fur the post of Headmaster and having become a Headmaster and at a subsequent stage at his own option claims that persons who have been promoted during the interregnum to the cadre of Headmasters being juniors to him in the cadre of High School Assistants cannot have a preferential claim to the appellant in the matter of further promotion. This contention has been negatived by the State Government and on a further representation the earlier decision has been reiterated. The learned single judge has agreed with that view. The clear effect of R.38 of the Kerala State and Subordinate Services Rules which deals with the relinquishment of rights by persons like the appellant is stated in the rule itself to the effect that nothing contained in the rules or in the Special Rules shall be deemed to require the recognition of any right or privilege to the extent to which it has been so relinquished. In other words, what has been relinquished cannot be taken into account for the purpose of assessing the rights of person who has made the relinquishment. If the contention of the appellant is accepted it would mean that the r