The main legal point established in the judgment is the interpretation of the Kerala Educational Rules and government orders regarding the nature of teacher appointments and entitlement to seniority.

Ramachandran Nair, J.

1. This Writ Appeal filed based on the leave granted by this Court is against the judgment of the learned Single Judge holding that the 1st respondent is entitled to be treated as a Teacher appointed on transfer to the Higher Secondary School under the same management and eligible for full time scale as well.

2. We have heard learned counsel appearing for the appellant and learned counsel appearing for the 1st respondent and learned Government Pleader appearing for respondents 2 to 4.

3. The appellant's case is that the appellant and the 1st respondent joined as Higher Secondary School Teacher (Part-time/Junior) in the 3rd respondent School on the same day in different subjects. So far as interse seniority is concerned for both joining on the same day the older in age is admittedly entitled to seniority over the other. According to the appellant, she being elder should get seniority over the 1st respondent but for the judgment which gave the benefit of previous service rendered by the 1st respondent in the High School for the purpose of granting seniority in the Higher Secondary School. The short question arising for consideration is whether the learned Single Judge was right in holding that the 1st respondent was appointed to the Higher Secondary School as Junior Teacher (part time) on transfer basis from High School entitling him to count his service in the High School for seniority or whether the 1st respondent's appointment should be treated as a direct recruitment, no matter he has obviously served in the High School for some time.

4. The admitted facts are that the 1st respondent was appointed in a leave vacancy in the High School on 01/12/1999 and he continued up to 31/03/2000 i.e. till the closure of the school for summer vacation. Again in the same leave vacancy the 1st respondent was appointed on 05/06/2000 and while continuing so, he was appointed as a Part Time Higher Secondary School Teacher in a vacancy in his subject i.e. Arabic, on 20/08/2000. The case of the 1st respondent is that he is entitled to be treated as a Teacher appointed by transfer under Ext.P8 Government Orders. On the other hand, the contention raised by the appellant as well as the learned Government Pleader appearing for the State and the Educational Authorities is that the 1st respondent's appointment as a Part Time Teacher in the Higher Secondary School cannot be treated as appointment by transfer because his short term appointment for around 5 months in the High School in a leave vacancy does not entitle him to be treated as a regular High School Teacher, and so much so his appointment in the Higher Secondary School as a Part Time Teacher (Junior) should be treated as direct recruitment. The short question to be considered is whether the 1st respondent was qualified to be appointed as HSST on transfer basis as on the date of appointment i.e. on 20/08/2000. Learned counsel for the appellant and learned Government Pleader referred to Rules 3 & 6(a) of Chapter XIV-A of the Kerala Educational Rules (hereinafter referred to as the Rules for short), which provide that a High School Assistant will have to be appointed as a Teacher on probation and only on successful completion of probation for one year, the Teacher's appointment gets confirmed. Admittedly, the 1st respondent was appointed in the High School in a leave vacancy, and therefore he was not entitled to regularisation even if he continued more than one year as a High School Teacher in the leave vacancy. The benefit the 1st respondent would have got by serving in the High School in the leave vacancy for five months is preferential treatment for appointment in the same school in a vacancy arising in the future under Rule 51A of the Rules. Only when the 1st respondent gets regular appointment in such a vacancy and on completion of his probation he is entitled to be treated as a permanent High School Teacher, which qualifies him for appointment by transfer to