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2019 Supreme(Ker) 475

K.VINOD CHANDRAN, V.G.ARUN
C. M. Stella – Appellant
Versus
P. L. Rasmi – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Sri. T.T. Muhamood, Sri. A. Mohammed Savad, Sri. A. Renjit, Sri. C.Y. Vinod Kumar, Sri. V.E. Abdul Gafoor.
For the Respondents: Sri. K.C. Eldho, Sri. A.J. Varghese, Sri. Sherry J. Thomas.

JUDGMENT

K. VINOD CHANDRAN, J.

1. The appellant and the first respondent claimed the third vacancy of Higher Secondary School Teacher (Jr.) [for brevity HSST hereafter] which arose in the 4th respondent school wherein both of them were working as High School Assistants (HSA).

2. The appellant was working as a HAS (Mathematics) having qualification of B.Sc. B.Ed. and M.Sc. in that subject. The Post Graduate qualification in Mathematics was obtained only on 16.9.2011. The first respondent had a graduate and B.Ed. qualification in Mathematics and Post Graduate qualification in Malayalam. She was working as HSA (Malayalam) in the aided school. Admittedly, the appellant was senior to the first respondent, having been appointed as a HAS (Mathematics) on 5.8.1996 and the first respondent appointed as a HAS (Malayalam) on 22.6.1998 from which date there is approved service, which alone can be reckoned for seniority.

3. The courses in the Higher Secondary section were sanctioned by the Government on 20.7.2010 which sanction order also provided for appointment of HSST's temporarily as Guest Lecturers. Later, by Ext P1 dated 24.10.2011 produced in the Writ Petition 1510 posts of HSST Juniors, 110










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