The court upheld the principle that seniority among teachers is to be fixed based on the order of appointment after proper consideration of recruitment rules, confirming the necessity of following prescribed criteria in determining seniority.

1. The unsuccessful review applicants in O.A. Nos. 202, 204, 221 and 222 of 2005 on the files of the Kerala Administrative Tribunal, who were not parties to those original applications, filed the above Original Petitions, raising similar grievances and seeking similar reliefs. The common challenge involved in these captioned Original Petitions is against the common order of the Tribunal for finalising the seniority list of Higher Secondary School Teachers (for short 'HSST') for the period from 13/06/2001 to 09/01/2005 in tune with the findings thereon. O.P.(KAT)No.51/2015 arising from O.A.No.202/2015 is taken as the lead case and the documents are referred to hereafter in this judgment in the order they are marked in the said O.P. unless otherwise specifically mentioned.

2. The Director of the Higher Secondary Education, a common respondent in all the original petitions, prepared a final list covering the period from 13/06/2001 to 09/01/2005 on 26/05/2014 and the extract of the same is produced as Annexure A2. On being aggrieved by the aforementioned select list certain teachers approached the Government by preferring representations in terms of the provisions under S.27B of Part II of the Kerala State & Subordinate Services Rules, 1958 (for short "K.S. & S.S.R"). Aggrieved by the delay in the matter of its disposal some among them approached the Kerala Administrative Tribunal seeking for a direction for its early disposal. Pursuant to the orders in O.A.Nos.1175, 416, 466, 1020, 1072, 1358 and 1517 of 2014, moved in that regard such pending representations were taken up by the Government and orders were passed thereon as per G.O.(Rt)No.76/2014 / G.Edn dated 08/01/2015. A copy of the same has been produced in O.P.(KAT) No.51/16 as Annexure A5 in Ext.P1. Virtually, as per G.O. dated 08/01/2015 Government have issued directions to the Director, Higher Secondary Education to finalise the seniority list while rejecting those representations carrying disputes and grievances relating seniority. It is to be noted that during the pendency of the representations, which ultimately culminated in G.O. Dated 08/01/2015, the Departmental Promotion Committee (Higher) held on 29/11/2014 drew a select list of HSST and Headmasters, for promotion to the post of Principals in Government Higher Secondary Schools, for the years 2012, 2013 and 2014. It is produced as Annexure A6 in Ext.P1 in O.A.No.202/2015. It is dated 17/12/2014. Subsequently, in the light of the said select list prepared based on the seniority of HSST appointments were also effected. A set of O.As. were then, filed before the Tribunal such as, O.A.Nos. 202, 204, 221 & 222 of 2015. In all the O.A.s essentially, the challenge was against G.O. dated 08/01/2015 whereby the representations filed against Annexure - A2 final seniority list, were rejected. In some O.A.s in addition to the challenge against G.O. dated 08/01/2015 a challenge was also mounted against the aforesaid Annexure - A6 select list dated 17/12/2014. In all the O.A.s one of the selectees in the list prepared by the D.P.C. was arrayed as a party respondent. However, in O.A.No.204/2015 after arraying one of them in representative capacity, paper publication was also taken out to inform the persons having interest in its outcome regarding its institution. The official respondents entered appearance before the Tribunal and filed reply statement, virtually, resisting the claims and contentions of the applicant. After considering the rival contentions and the relevant provisions the Tribunal allowed the O.A.s as per the common order dated 06/01/2016 and set aside Annexure - A2 seniority list dated 26/05/2014 prepared by the Director of Higher Secondary Education as also the aforesaid G.O. dated 08/01/2015 whereby the Government rejected the representations, filed under S.27B of Part II of the K.S. & S.S.R. The common order dated 06/01/2016 passed by the Tribunal is produced in O.P.(KAT)No.51 of 2016 as Ext.P2. As per Ext.P2