2025:KER:28125 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO. 12786 OF 2025 PETITIONER: K MANOJ AGED 53 YEARS S/O. KRISHNADAS LOWER PRIMARY SCHOOL TEACHER LOWER PRIMARY SCHOOL, ELEVALLY THIRUMITTACODE POST PALAKKAD, PIN - 679533 BY ADVS. U.BALAGANGADHARAN NAMITHA GEORGE RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT (ANNEX) THIRUVANANTHAPURAM, PIN - 695001 2 THE DIRECTOR OF GENERAL EDUCATION JAGATHY, THIRUVANANTHAPURAM, PIN - 695014 3 THE DEPUTY DIRECTOR OF EDUCATION ROBINSON ROAD, CIVIL STATION, PALAKKAD, PIN - 678001 2025:KER:28125 WP(C) NO.12786 of 2025 2 4 THE ASSISTANT EDUCATIONAL OFFICER, THRITHALA POST OFFICE PALAKKAD, PIN - 679534 5 THE MANAGER LOWER PRIMARY SCHOOL ELEVALLY THIRUMITTACODE POST PALAKKAD, PIN - 679533 6 SMT RASIYA C P LPST UPPER PRIMARY SCHOOL AUP SCHOOL, IRUMBAKASSERY, PALAKKAD, PIN - 679533 SRI. V. VENUGOPAL,GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:28125 WP(C) NO.12786 of 2025 3 JUDGMENT Dated this the 1st day of April, 2025 The petitioner, a Lower Primary School Teacher (LPST) in the 5th respondent’s School, challenges the placement of the 6th respondent. Both the petitioner and the 6th respondent joined in service on 02.06.1997. However, the petitioner, who is older in age compared to the 6th respondent, argues that he should be placed higher in seniority according to Rule 37(2) of Chapter XIVA of the Kerala Education Rules, which stipulates that age should be considered when two employees join on the same date. 2. The petitioner contends that the 6th respondent’s previous service in another School under the same management is irrelevant for seniority purposes, as the 6th respondent signed Ext.P3 relinquishment letter on 2025:KER:28125 WP(C) NO.12786 of 2025 4 01.01.1997. 3. The seniority list drawn by the Manager places the 6th respondent above the petitioner. The list was subsequently submitted for approval to the Assistant Educational Officer. The petitioner submitted a representation on 20.02.2025 to the Assistant Educational Officer requesting that the seniority list be amended to reflect their seniority on the basis of age. 4. The petitioner approached this Court by filing W.P.(C) No.9866 of 2025 and this Court directed the Assistant Educational Officer to consider the petitioner’s representation before finalising the seniority list. However, the Assistant Educational Officer approved the seniority list on 12.03.2025, confirming the inferior position of the petitioner. The Assistant Educational Officer also rejected the petitioner’s claim by issuing a letter dated 15.03.2025 without considering Ext.P4 judgment. 2025:KER:28125 WP(C) NO.12786 of 2025 5 5. The petitioner asserts that the Assistant Educational Officer’s actions are arbitrary. The relinquishment letter by the 6th respondent has not been properly considered, and the age seniority of the petitioner has been ignored, contends the petitioner. 6. I have heard the learned counsel for the petitioner and the learned Government Pleader representing respondents 1 to 4. 7. Government Pleader would submit that pursuant to Ext.P4 judgment of this Court, Ext.P7 order passed by the Assistant Educational Officer has been withdrawn and the parties were called for a hearing. Hearing was conducted on 28.03.2025 and orders are expected. 8. In view of the above, I find that if the petitioner is aggrieved by the order to be passed by the Assistant Educational Officer, the petitioner will have to challenge the 2025:KER:28125 WP(C) NO.12786 of 2025 6 said order in accordance with law. Hence, recording the submission made by the Government Pleader, the writ petition is disposed of. Sd/- N.NAGARESH JUDGE hmh 2025:KER:28125 WP(C) NO.12786 of 2025 7 APPENDIX OF WP(C) 12786/2025 PETITIONER’S EXHIBITS Exhibit P1 A TRUE COPY OF APPOINTMENT ORDER DATED 2.6.1997 ISSUED BY THE MANAGER, A U P SCHOOL Exhibit P2 A TRUE COPY OF APPOINTMENT ORDER ISSUED BY MANAGER, A U P SCHOOL TO THE 6TH RESPONDENT DATED 2.6.1997 Exhibit P3 A TRUE COPY OF THE LETTER OF RELINQUISHMENT DATED 1.1.1997 Exhibit P4 A TRUE COPY OF THE JUDGMENT DATED 13.3.2025 IN WP [C] NO. 9866 OF 2025 Exhibit P5 A TRUE COPY OF APPROVED SENIORITY LIST AS ON 1.1.2024 APPROVED ON 12.3.2025 Exhibit P6 A TRUE COPY OF THE ORDER NO. AEOTRL/195/2025-C DATED 12.3.2025 ISSUED BY THE 4TH RESPONDENT AEO Exhibit P7 A TRUE COPY OF THE LETTER DATED 15.3.2025 ISSUED BY THE 4TH RESPONDENT TO THE HEAD MISTRESS A L P SCHOOL, ELEVALLY