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2009 Supreme(Ker) 664

P.S.GOPINATHAN, K.BALAKRISHNAN NAIR, V.GIRI
V. K. M. Pavithran – Appellant
Versus
The State of Kerala – Respondent


Advocates Appeared:For the Petitioner:N. Sugathan, Advocate. For the Respondents:P.V. Asha, Advocate.

Judgment :-

Balakrishnan Nair, J.

The appellant is the writ petitioner. The dispute raised before the learned Single Judge for resolution was concerning the seniority of the appellant and the 6th respondent in the cadre of Assistant Teacher. Both of them are Lower Primary School Assistants working in M.L.P. School, Peringathur, Chokli. Both of them have continuous qualified service in the school with effect from 1.6.1982. Both of them have unqualified, but approved spells of service before the said date. If unqualified service is also reckoned, the 6th respondent is senior. If the continuous qualified service alone is taken into account, the appellant, being senior in age, will be senior. When the seniority list of the school was provisionally approved by the Assistant Educational Officer, the appellant was placed above the 6th respondent. So, the 6th respondent moved the Assistant Educational Officer objecting to the said seniority position. But, the same was rejected by Ext.P2 order dated 21.7.2006. Though, against that order, the 6th respondent filed an appeal before the District Educational Officer, the same was rejected on the ground of delay in preferring it. Thereafter, the 6






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