DHIREN CH. DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mrs. N.S. Thakuria, learned counsel for the petitioner. Also heard Mr. M.K. Misra, learned standing counsel for respondent Education Department, Assam and Mr. S.K. Medhi, learned counsel for private respondent No. 4.

(2.) The present petition under article 226 of the Constitution of India has been filed praying for a direction to the respondents to set aside and quash the order dated 30.3.2007 issued by the Inspector of Schools, KDC, Guwahati, whereby the charge of the in-charge Headmaster of Sanpara Haropara High School has been handed over to the private respondent No. 4 who is junior to the petitioner.

(3.) The brief facts of the instant petition are that the petitioner, being a Science Graduate, entered into the service as Science Teacher on 2.3.1973 in the Sanpara Haropara High School. After serving for a period of about 4 years as Science Teacher, the said school was provincialized on 1.10.1977. There is a Middle School under the name and style of Sanpara Haropara Middle School in the same compound and the said Middle School was provincialized on 1.3.1978 and in the same year, the school was amalgamated with the Sanpara Haropara High School. In the said Middle school, private respondent No. 4 was working as Assistant Teacher since 5.4.1973 and after amalgamation, he was inducted as Assistant Teacher in the Sanpara Haropara High School. The petitioner has been receiving graduate scale of pay w.e.f. 1.3.1975 and since then, he is drawing the graduate scale of pay till date. On the other hand, private respondent No. 4 has been receiving his graduate scale of pay only w.e.f. 1.7.1977. The in-charge Headmaster of the Sanpara Haropara High School was due for retirement on 31.3.2007 and, therefore, the respondent Inspector of Schools asked him to submit a list of senior teachers of the school. The in-charge Headmaster accordingly submitted a list of senior teachers of the said school showing the name of in-charge Headmaster Sri Hareswar Majumdar at serial No. 1, the name of petitioner at serial No. 2 and the name of private respondent No. 4 Sri Rajen Ch. Kalita at serial No. 3. The petitioner was shown senior to the private respondent No. 4 but in spite of that, the respondent Inspector of Schools, vide his impugned order dated 30.3.2007, issued an order directing to handover the charge of in-charge Headmaster of the concerned High School to private respondent No. 4, after retirement of in-charge Headmaster Sri Hareswar Majumdar on 31.3.2007. Being aggrieved, the petitioner submitted representations on 30.3.2007 and 31.3.2007 before the respondent No. 3 (Inspector of Schools) but to no effect and, hence, this present petition.