ASHOK BHUSHAN, J.

1. This Full Bench has been constituted to answer the reference dated 27.07.2012 made by a Division Bench while hearing W.A. Nos. 797 and 1302 of 2012. The Division Bench in the reference doubted the correctness of the ratio of another Division Bench judgment in D. Madhuriletha vs. Secretary to Government and others, W.A. No. 3249 of 2001 dated on 15.11.2002. Facts necessary to be noticed for deciding both the appeals and reference are as follows.

2. Both the writ appeals were filed by Smt. P. Valsamma, who shall hereinafter be referred to as the petitioner. The 5th respondent was the contesting respondent, against whom seniority is claimed by the petitioner, who shall hereinafter be referred to as the respondent.

3. In an institution, namely ABV HSS, Muhamma, Alappuzha, the respondent was appointed as Upper Primary School Assistant (for short UPSA) on 09.08.1982. The respondent was promoted as High School Assistant (for short HSA) on 01.08.1983. The Date of Birth of the respondent is 28.11.1956. The petitioner's date of birth is 24.11.1954 and was directly appointed as HSA on 01.08.1983 in the institution. A post of Headmaster fell vacant in the instituti