AMITA DEB ROY Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. M. H. Rajbarbhuiyan, learned counsel for the petitioner as well as Mr. M.K. Misra, learned Standing Counsel, Education Department. I have also heard Mr. L.R. Mazumdar, learned counsel appearing for the Respondent No.5.

(2.) THE petitioner is aggrieved by the Annexure-15 order dated 23.12.2009, by which she has been placed under suspension on the ground of not allowing the Respondent No.5 to join the promotional post of Headmaster of the school in question. THE Respondent No.5 was promoted to the post of Headmaster in the said school by order dated 3.9.2009 (Annexure-4 to the writ petition). Be it stated here that he is a selected candidate for appointment/promotion to the post of Headmaster. On the other hand, the petitioner, who had been functioning as I/C Headmistress of the school, although had appeared in the selection but could not qualify.

(3.) AS the records revealed, the petitioner is at the verge of retirement. Pursuant to the impugned order of suspension, the authorities have also not initiated any departmental proceeding. If that be so, in terms of the requirement of the review to be carried out in the matter of suspension of an employee, it is hereby directed to consider the case of the petitioner for revocation of the order of suspension facilitating that the petitioner may prefer an appeal against the said order of suspension to the appellate authority. In the event of preferring such an appeal within 15 (fifteen) days from today, the appellate authority shall dispose of the matter as expeditiously as possible, but at any rate, not later than 31st December 2010.