ABDUS SATTAR Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The writ petitioner being aggrieved with the appointment of the respondent No. 4 as In-charge Headmaster of Nayagaon Govt. Aided U.P.School, vide the impugned order dtd. 4/7/2024, is before this Court praying for appropriate directions on his claim that he is senior to respondent No. 4 and deserve due consideration to the said post even if the same is only as Incharge.

(2.) Mr. S.K.Hassan, learned counsel for the petitioner has submitted that the writ petitioner and the respondent No. 4, though appointed on different dates, had joined service on the same day on 20/12/1989, and he being the seniormost Assistant Teacher and Founder Teacher of the school, therefore, should have been considered to take over the post of In-charge Headmaster. It is further submitted by the learned counsel that the post is crucial, inasmuch as, the school is running without a regular Headmaster or a Managing Committee. He submits that though representation has been filed, the same has not been answered, and as such, the writ petitioner was compelled to approach this Court by way of the instant writ petition.

(3.) Mr. N.Syngkon, learned GA appearing the respondents No. 1-3, has submitted that it is the duty of the Managing Committee to prepare the seniority list of the teachers on the basis of their date of appointment and date of joining in the service. However, due to the absence of a regular Managing Committee and the rivalry between three Assistant Teachers, the matter could not be resolved, or a regular Managing Committee be put in place. It is further submitted that in the attempts that were made to constitute the Managing Committee, no fruitful decision could be arrived at, and further that there is no decision as yet with regard to inter se seniority of the petitioner vis- -vis the respondent No. 4.