1. The petitioner and the 5th respondent were teachers of a School belonging to the 4th respondent Manager. The petitioner was first appointed on 23-9-1974 and the 5th respondent on 15-10-1974. They both were relieved on 31-3-1975 in terms of R.49 of Chapter XIV A of the Kerala Education Rules. They were re-appointed on 2-6-1975. In July 1977 vacancy arose in the school for the post of a High School Assistant. Both the petitioner and the 5th respondent were applicants for the post. The question was who was senior for the purpose of promotion. The petitioner claimed that he was senior, for his service had commenced in the school prior to that of the 5th respondent. The 5th respondent, however, contended that they both had the same length of continuous service as they were re-appointed on the very same day, viz., 2-5-1975. She therefore contended that, in terms of R.37 (2), she, being older in age, was entitled to be regarded as senior. Her claim to seniority on that basis was accepted by the management and affirmed by the District Educational Officer who rejected the petitioner's appeal (Ext. P2). The decision of the D.E.O. was challenged by the petitioner by Ext. P 4 be