MUININDRA CHARAN KALITA Vs. DHANI RAM KALITA

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 27.9.99 passed by the learned Single Judge in Writ Petition (Civil) No. 4798 of 1999, by which a direction was given to the Director of Secondary Education, Assam, to pass orders allowing the petitioner to continue upto the age of 60 years in terms of Section 4(3) of the Assam Secondary Education (Provincialisation) Act, 1977 (Assam Act No. XIX of 1977), hereinafter be called the Act. The appellants felt aggrieved by the aforesaid order. Hence, this appeal.

(2.) We have heard Shri M. Bhuyan, learned counsel for the appellants, Shri B. Choudhury, learned Govt. Advocate, appearing for the State and Shri B.K. Sharma, learned counsel appearing for the petitioner/respondent No. 1.

(3.) The petitioner/respondent No. 1, Dhani Ram Kalita, has been working as Headmaster of Boko High School, and was due for superannuation on 31.10.1999, on attaining the age of 58 years. However, before the aforesaid date of superannuation, he gave an option dated 23.7.99, for continuance in service upto the age of 60 years, in terms of Section 4(3) of the Act. This request was, however, turned down, which gave rise to the filing of the writ petition by the petitioner/respondent No. 1.