Balakrishnan Nair, J.

The Writ Petitioner is the appellant. The short question that arises for consideration in this appeal is, whether an aided school teacher will lose seniority, if he avails leave without allowance under Rule 56 of Chapter XIV-A of the Kerala Education Rules read with Appendix XII-C of the Kerala Service Rules.

2. The brief facts, necessary for the disposal of the case, are the following:- The appellant and the sixth respondent were Upper Primary School Assistants (for short, 'U.P.S.A.') working in the fifth respondent's school. They have continuous qualifying service in the post of U.P.S.A. from 20.8.1990 and 1.6.1988 respectively. The sixth respondent availed leave without allowance to join her spouse, as per Ext.P1 Government Order dated 10.6.1993, which is an order granting leave under Appendix XII-C of the Kerala Service Rules (for short, "K.S.R").

The leave was granted as per Ext.P1, subject to the condition that "the leave period will not count for any service benefits including pension and the fact will be so recorded in the service Book of the incumbent."

3. On 1.4.2005, a vacancy arose in the post of Headmaster. The Manager appointed the app