J U D G M E N T

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The petitioner, who is working as HSST (Economics) in Ithithanam Higher Secondary School, Malakunnam, Changanassery, seeks to declare that the petitioner being the eldest HSST among the HSSTs joined on 28.06.2004 is the seniormost HSST and the action of the respondents 3 and 4 in assigning rank No.2 to the 5^th respondent denying the right of the petitioner to be assigned the topmost rank in the cadre of HSST is illegal and arbitrary.

2. Accoridng to the petitioner, he joined service by direct recruitment as HSST Junior on 10.010.2003. The post was upgraded as HSST (Economics) with effect from 28.06.2004. In the combined staff seniority list, Ext.P3, as on 01.06.2024, the petitioner was assigned rank No.4 and the 5^th respondent was assigned rank No.2. The petitioner states that the post of HSST Junior held by serial Nos.2 to 8 in Ext.P3 seniority list was upgraded on the same date 28.06.2004 and all of them joined duty on the said date. As per Rule 37(2) of Chapter XIVA KER , the seniority shall be decided on the basis of date of first appointment.

3. If the date of appointment is also the same, the seniority shall be decided with reference to age,