PRADEEP GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. S.N. Sarma, learned Sr. Counsel for the petitioner as well as Mr. K. Konwar, learned counsel representing the respondent No. 4. I have also heard Ms. Baruah, learned Standing Counsel, Education Department.

(2.) THIS writ petition is directed against the order dated 17.1.2007 (Annexure-B) passed by the Director of Secondary Education, Assam, by which the respondent No. 4 was allowed to hold charge of the Headmaster of the school called Barhapjan High School in Tinsukia district. As per the said order, the respondent No. 4 is also allowed to exercise the financial power for drawl and disbursement of salaries etc. of teaching and non-teaching staff of the school until further order.

(3.) UPON a reference to Rule 24 of the Assam Secondary Education (Provincialisation) Service Rule, 2003, it is the case of the petitioner that the respondent No. 4 cannot count his seniority with effect from 1.1.1975, but he should count his seniority from 1.3.1978 as per the provisions of Rule 24 (2) (iii). Relevant portion of Rule 24 is quoted below: