In school service under the relevant education rules, seniority in the teacher cadre is determined by the date of initial appointment to the junior teacher position, as this is not a promotional post. Where service commencement dates are distinct, the earlier appointment date governs seniority over age-based criteria.

JUDGMENT :

Muralee Krishna S., J.

The 5^th respondent in W.P.(C)No.27811 of 2025 has filed this writ appeal under Section 5(i) of the Kerala High Court Act, 1958, challenging the judgment dated 06.02.2026 passed by the learned Single Judge in that writ petition.

2. The issue that arises for consideration in this writ appeal is whether it is the date of entry in service as Higher Secondary School Teacher (Junior) (‘HSST (Junior)’ for short), or the date of posting as Higher Secondary School Teacher (‘HSST’ for short) that has to be counted for calculating seniority for by transfer appointment to the post of Principal in a Higher Secondary School?

3. The 1^st respondent-writ petitioner entered service as HSST (Junior) in Economics on 10.10.2003 through direct recruitment, and the appellant-5^th respondent entered service as HSST (Junior) in Hindi on 09.10.2003 in Ithithanam Higher Secondary School, Malakunnam (the ‘School’ for short), managed by the 5^th respondent herein. The said appointment of the appellant and the 1^st respondent was approved by the then Director of Higher Secondary Education, vide Ext.P1 order dated 22.01.2006. While in service, the 1^st respondent and appellant were appointed as HSST (Economics) and (Hindi) respectively with effect from 28.06.2004, and that appointment was approved by the Director of Higher Secondary Education on 12.08.2006 by Ext.P2 order.

3.1. In Ext.P3 combined staff seniority list as on 01.06.2024, the 1^st respondent was ranked as No.4 and the appellant was ranked as No.2. According to the 1^st respondent the said seniority list was prepared reckoning the date of entry in service as HST/HSST (Junior) as the basis of entry in service relying on Rule 37(2) of Chapter XIVA of Kerala Education Rules (‘KER’ for short) by placing the appellant above in rank, who joined in service in the High School on 02.06.1997. Contending that Rule 37(2) of Chapter XIV A of is not applicable in deciding the seniority of HSST and for determining inter-say seniority of the members of the same service, and if the date of appointment of two rival candidates are the same, the seniority has to be decided based on the age of the rival candidates, the 1^st respondent filed the writ petition.

3.2. It is contended by the 1^st respondent that, on the retirement of the then Principal of the School on 31.05.2025, being the seniormost HSST, the 1^st respondent is entitled to be appointed as Principal with effect from 01.06.2025. On 09.07.2024, the then Principal availed leave till 31.01.2025. Based on the ranking in Ext.P3 seniority list, the appellant was put in additional charge of the Principal with effect from 09.07.2024 to 08.10.2024 by Ext.P4 order dated 01.08.2024 issued by the Regional Deputy Director of Higher Secondary Education (‘RDD’ for short). When Exts.P3 and P4 were brought to the notice of the 1^st respondent, he made Ext.P4(a) submission dated 04.01.2025 before the Manager, requesting to put him in the eligible position in the ranked list in view of his age. Apart from that, the 1^st respondent submitted Ext.P5 representation dated 13.01.2025 before the Government, praying for setting aside Ext.P3 combined staff seniority list and to direct the RDD and the Manager to draw and approve a revised seniority list assigning rank No.2 to the 1^st respondent, so as to enable him to get promoted to the post of Principal with effect from 01.06.2025. Thereafter, the 1^st respondent approached this Court by filing W.P.(C)No.3607 of 2025, wherein, by Ext.P6 judgment dated 29.01.2025, this Court directed the Government to consider and pass orders on Ext.P5 representation, after hearing the 1^st r