RAIS UDDIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. MH Rajbarbhuiya, learned counsel for the petitioner and Mr. TN Phukan, learned senior Advocate as well as learned State counsel.

(2.) The case of the petitioner Sri Rais Uddin is that he was appointed as founder teacher of Charanadiapara M.E. Madrassa for short 'Madrassa in the year 1977 and since then, he serving in the said school - Madrassa with one Azir Uddin Ahmed as the headmaster of the said Madrassa and he was the second teachers. The said school was subsequently provincialised and the petitioner accordingly served as a sole Assistant teacher under the headmaster - Sri Azir Uddin Ahmed. Unfortunately, said Azir Uddin Ahmed died-in-harness and thereafter, vide order dated 27.4.2000, District Elementary Education Officer, allowed the petitioner to hold current charge of the headmaster, as he is the senior most teacher in the said school. Subsequently, respondent No. 4 who was serving as headmaster of Salmara Girls M.E. School was temporarily attached as Assistant teacher in the Madrassa vide order dated 26.3.2000. The relevant order reads as follows :-

(3.) The respondent No. 4 accordingly, appointed as Assistant teacher in the Madrassa. Thereafter, respondent No. 4 vide order dated 13.3.2001, Annexure-8 was allowed to hold charge of the headmaster. The relevant order reads as follows :-