JUDGMENT :

Rival claim between the petitioner and the 5th respondent to the post of HSST (Junior) Economics in the school under the managership of the 4th respondent, is the subject matter of this Writ Petition.

2. As per Ext.P1 dated 06.06.2005, the petitioner was appointed as HSA (Social Studies) from 06.06.2005 onwards, in a regular vacancy. The appointment was duly approved.

3. Much later, Higher Secondary section in the school commenced in the year 2011-12. The sanctioned posts were, eight posts of HSST (Senior) and three posts of HSST (Junior). In the year 2013-14, six posts of HSST (Junior) were sanctioned. Subsequently, during the year 2019-20, one post of HSST (Senior) and two posts of HSST (Junior) were sanctioned. As per Ext.P5 Government Order dated 06.02.2019, one post of HSST (Junior) was upgraded as HSST (Senior). Thus, during the year 2019-20, there existed ten posts of HSST (Junior). One post of HSST (Junior) remained to be filled up.

4. The Rules require 25% of the posts to be filled up by, “by transfer appointment”. Only two HSST (Junior) teachers were in service under the “by transfer” quota. The petitioner is the senior most HSA, entitled for promotion to the post