The possibility of chances of promotion or seniority being affected as a consequence of transfer is not a ground on which the Director is bound to refuse permission for transfer.

1. This appeal is by five teachers of Upper Primary N.S.S. School, Pannoor, Karimannoor, challenging the judgment of the learned single judge in O.P. No. 3684 of 1981. The Educational Agency which owned the school in which the appellants are serving, viz., N.S.S. School, Pannoor, transferred the school to another Educational Agency. Nair Service Society, Perunna, Changanacherry. Whereas N.S.S. School, Pannoor, Karimannoor had only one school, Nair Service Society, Perunna, Changanacherry has more than one school. The appellants opposed the transfer on the ground that their interests would be adversely affected. They placed reliance on R.SA of Chapter III of the Kerala Education Rules, (hereinafter referred to as the Rules). The principal contention of theirs was that their seniority would be affected and they would become liable to transfer to other schools. Their objections were overruled by the State Government as per Ext.P9 dated 24-9-1981. The State Government held that the objections of the appellants are not valid. The transfer thus stood sanctioned. Hence the appellants came to this Court for appropriate relief challenging Ext. P9. The learned single judge having dismissed the original petition the said judgment is challenged in this appeal.

2. Shri Sudhakara Prasad, the learned counsel for the appellants, submitted that the rights which have been protected by R.5A of Chapter III of the Rules stand violated as a result of permission for transfer of the school being granted. The said rule reads:

"5A. Change of management involving change of ownership. (1) Notwithstanding anything contained in these rules, no change of Management of any aided school involving change of ownership shall be effected except with the previous permission of the Director. The Director may grant such permission unless the grant of such permission will, in his opinion, adversely affect the working of the institution and the interests of the staff and the person to whom the Management is transferred.

(2) Any person aggrieved by an order under sub-rule (1) may, within 30 days from the date or receipt of the order, prefer an appeal to the 'Government."

Reliance was placed on the latter Dart of sub-rule (1) which says that the permission for transfer may be refused if in the opinion of the Director it will adversely affect the working of the institution and the interests of the staff and the person to whom the Management is transferred. What is contended is that the interests of the appellants would be affected firstly because their seniority will stand adversely affected as a common seniority will have to be maintained in respect of the teachers of the schools coming under the same Educational Agency. The second aspect is about the possibility of their being liable to go on transfer to other schools as the transferee Educational Agency has more than one school.

3. So far as the question of seniority is concerned, the same stands regulated by R.36A of Chapter XIV-A of the Rules which reads:

"When schools under one Educational Agency are transferred to another Educational Agency with the approval of the competent authority the various categories of teachers in the schools so transferred shall be integrated with the corresponding categories of teachers already working on the date of transfer in the schools under the Educational Agency to which the transfer is made. The common seniority of all teachers of the schools so transferred and the schools existing under the Educational Agency to which the transfer is made on the date of transfer, shall be decided according to the length of the continuous service of all such teachers transferred to the Educational Agency and existing under it on the date of transfer subject to R.36 and sub-rule (2) of R.37.

Provided however that the Educational Agency to which the transfer is made shall have the option to treat the teachers in the transferred school who were in the service in that school on the date of such