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 appellant as Headmistress. The sixth respondent, being senior to the appellant, moved the Assistant Educational Officer against the approval of the appointment of the appellant and also claiming appointment to the said post. Accepting her contention, the Assistant Educational Officer (for short, "A.E.O") declined to approve the appointment of the appellant. But, on appeal, the District Educational Officer (for short, "D.E.O") directed the A.E.O., as per Ext.P4 proceedings dated 31.5.2007, to approve the appointment of the appellant. The sixth respondent challenged that order before the Director of Public Instruction (for short, "D.P.I"). The D.P.I. reversed Ext.P4, by Ext.P6 order dated 6.9.2007. Aggrieved by the said order of the D.P.I., the appellant moved the Government, in revision under Rule 92 of Chapter XIVA of the Kerala Education Rules (K.E.R). The said revision was dismissed by the Government, by Ext.P8 order dated 29.1.2008. Challenging Exts.P6 and P8 orders, the Writ Petition was filed. The learned Single Judge dismissed the Writ Petition, holding that the point raised by the appellant is covered against her by several decisions of this Court and the Apex Court. Feeling aggrieved by the said judgment, this appeal is preferred by the writ petitioner.

4. We heard the learned counsel on both sides. Rule 37 of Chapter XIVA of the K.E.R. deals with seniority of teachers. The said rule reads as follows:

"37. (1) Seniority of a teacher in any grade in any unit shall be decided with reference to the length of continuous service in that grade in that unit provided he is duly qualified for the post.

(2) In the case of teachers in the same grade in the same unit whose date of commencement of continuous service is the same, seniority shall be decided with reference to the date of first appointment. If the date of first appointment is also the same, seniority shall be decided with reference to age, the older being the senior."

According to the learned counsel for the appellant, the sixth respondent does not have longer continuous service in the grade of U.P.S.A. than the appellant and therefore, she cannot be treated as senior to the appellant. The condition imposed in Ext.P1, which is already quoted above, would result in ignoring the service period of the sixth respondent covered by Ext.P1. So, her total period of service has to be reduced by five years, it is submitted.

5. The rule governing leave of aided school teachers is Rule 56 of Chapter XIVA of the K.E.R. Sub-rule(1) of the said rule, which is relevant in this case, reads as follows:

"56. Leave Rules.- (1) In the matter of casual leave and all other kinds of leave, the teachers of aided schools shall be governed by the rules for teachers of government schools in the Service Regulations for the