IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN THURSDAY, THE 29^TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA, 1945 OP(KAT) NO. 76 OF 2024 OA (EKM) 496/2023 OF KERALA ADMINISTRATIVE TRIBUNAL AT THIRUVANANTHAPURAM (ADDITIONAL BENCH, ERNAKULAM)

PETITIONERS/RESPONDENTS 1-3 IN OA:

1 STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

2 DIRECTOR OF GENERAL EDUCATION, JAGATHY P.O., THIRUVANANTHAPURAM, PIN - 695014

3 THE DEPARTMENTAL PROMOTION COMMITTEE (LOWER) , REPRESENTED BY ITS CONVENOR AND DIRECTOR OF GENERAL EDUCATION, JAGATHY P.O., THIRUVANANTHAPURAM, PIN - 695014 BY SMT.VINITHA B., SENIOR GP RESPONDENTS/APPLICANT & RESPONDENTS 4-19 IN OA:

1 YUSUFF A.M., AGED 52 YEARS, S/O MOHAMMED A, HSST (ENGLISH), GHSS ALANNALLOOR, PALAKKAD - 678601 RESIDING AT ADUPRA HOUSE, BHEEMANAD P.O., PALAKKAD, PIN -

678601

2 ARMIYA MOHAMED NAZEEM K.P, AGED 52 YEARS, GHS CHERUPPULASSERY PALAKKAD ., PIN - 679503

3 PRASAD K, AGED 50 YEARS, GHSS, ANAKKARA, PALAKKAD, PIN -

679551

4 SATHI K, THANKAPPAN, AGED 54 YEARS, GVHSS THIRUMARADY, ERNAKULAM, PIN - 686662

5 RAVINDRAN AK, AGED 56 YEARS, GHSS ANAKKARA, PALAKKAD, PIN -

679551

6 AJAYYAN A.A, AGED 48 YEARS, GHSS THRIKKAVU, MALAPPURAM, PIN -

679577

7 VINODAN MOOZHIKKAL, AGED 54 YEARS, GHS NEDUVA, MALAPPURAM - 676303., PIN - 676303

8 SAILAJA KV, AGED 54 YEARS, GHSS KUNNAKAVU, MALAPPURAM -, PIN - 679340

9 SHAJI P.T, AGED 49 YEARS, GOVT. REGIONAL FISHERIES TECHNICAL HIGH SCHOOL THANOOR, MALAPPURAM, PIN -

676302

10 GOPAKUMAR A AGED 49 YEARS, GHSS ERANHIMANGAD, MALAPPURAM, PIN - 679329

11 SANTHOSH K.K AGED 54 YEARS, GUPS THARUVANNA PRIMARY HM, WAYANAD -, PIN - 670645

12 ANITHA K, AGED 56 YEARS, GVHS KODAMTHURUTHU, ALAPPUZHA, PIN - 689109

13 ANILKUMAR AK AGED 52 YEARS, GHSS, PAZHAYANNUR, THRISSUR -, PIN - 680587

14 PADMA N AGED 49 YEARS, GHSS PAZHAYANNUR, THRISSUR, PIN -

680587

15 SHYNI JOSE I AGED 52 YEARS, GVHSS CHERPU, THRISSUR, PIN -

680561

16 SHEEJA ANTONY C AGED 51 YEARS, GMRS CHALAKUDY, THRISSUR, PIN -

680307

17 GEETHA. C.R, AGED 52 YEARS, GMHS FOR GIRLS, THRISSUR., PIN –

680022 BY ADVS.

SRI.MURALI PALLATH SRI.P.NANDAKUMAR THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 29.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

“CR”

JUDGMENT A. MUHAMED MUSTAQUE, J.

The short point in this case is whether the first respondent/applicant, who entered service as High School Assistant (HSA) and later appointed as Higher Secondary School Teacher (HSST), is entitled to be repatriated in the post of HSA for the purpose of getting promotion as Head Master of High School. The crux of the issue is that the first respondent/applicant claims seniority based on original entry as HSA. If seniority is not allowable, he cannot claim the post of Head Master of High School.

2. The Kerala Administrative Tribunal ruled in favour of the first respondent/applicant. It is to be noted that the first respondent/applicant was not confirmed in the post of HSST. Therefore, there cannot be any dispute as to his right to be repatriated in the parent cadre. In normal circumstances, such repatriation also would restore the seniority. However, if such absence in the parent cadre is more than five years, law says that such government servant will not be entitled for repatriation. This fact has not been considered by the Tribunal. It is appropriate to refer to Note (3) brought to Rule 8 of Part II of the Kerala State and Subordinate Services Rules, 1958, which reads thus:

“(3) A member of a service appointed to another service in the exigencies of public service in the manner as specified in Note (1) above shall, unless otherwise specified by the Government at the time of relief, be eligible for the benefits in respect of seniority, probation and appointment as full member in such service as envisaged under this rule, only in the event of his reappointment to such servic