SIRIN SULTANA Vs. STATE OF ASSAM & ORS.

JUDGEMENT

(1.) Being aggrieved by the order dated 15.5.2010 of the Director of Elementary Education, Assam, proclaiming the respondent No. 6 to be senior to the petitioner and promoting him to the post of Headmaster of the Town MEM School, Golaghat (hereafter for short referred to be School), the petitioner seeks redressal.

(2.) I have heard Mr. T.J. Mahanta, learned counsel for the petitioner, Mr. M.K. Misra, learned Standing Counsel, Education Department, Assam and Mr. B. Chakraborty, learned counsel for the respondent No. 6.

(3.) This is the third round of litigation between the parties. The petitioner's recital of facts is traceable to 9.9.1977, on which she claims to have joined the School as Assistant Teacher. The institution was later on provincialized by order dated 17.10.1997, w.e.f. 1.10.1977, in course of which her services were provincialized on and from that date along with other members of the staff. According to the petitioner, the respondent No. 6 joined the School on 18.5.1977 by the Headmaster and Secretary of Town ME Madrassa, Golaghat against a non-sanctioned post. Following the sanction of three additional posts vide Government letter No. G(B)/Prov./26/78, dated 28.12.1978, the services of this respondent along with others were regularised w.e.f. 1.10.1977. Though, according to the petitioner, she was the senior most teacher of the School, the respondent No. 6, having been allowed to hold the charge of the office of the Headmaster thereof, she submitted a representation on 29.7.2003 before the Director of Secondary Education, Assam. An inquiry was directed and on the completion thereof, the Joint Director, Elementary Education, Assam, submitted a report on 9.12.2003 in favour of the petitioner. Thereafter, by order dated 11.12.2003 of the Director of Elementary Education, Assam, she was allowed to hold the charge of the aforementioned office.