SAJAL GHOSH Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. D.K. Sarmah, learned counsel appearing for the writ petitioner in WP(C) 4504/2009 and WP(C) 6147/2010. Also heard Mr. S.C. Biswas, learned counsel appearing for the private respondent No.7, Haripada Sarma who has also filed WP(C) 2044/2010 and WP(C) 5019/2009. Mrs. M. Gogoi Medhi, learned Standing Counsel for the Education Department represents the official respondents.

(2.) THE core issue in these cases pertain to the rival claim for the post of Headmaster of the Sister Nivedita Girls ME School, Nagaon hereinafter referred to as "the School", where the writ petitioner is functioning as in-charge Headmaster w.e.f. 30.5.2009. He challenges the promotion of respondent No.7 as Headmaster of the School ordered on 24.9.2009 by the Director of Elementary Education, Assam (DEE). Flowing from this main issue, peripheral issues like giving of charge of office, payment of salary etc. have emanated in the related cases. As common argument is advanced and the cases are interlinked, they are disposed of by this common order.

(3.) BY referring to the Gradation List of teachers of Hojai Sub- Division notified on 26.12.2008 by the DEEO, Nagaon, it is pointed out by Mr. D.K. Sarmah that the name of the respondent No.7 nowhere figures in the said list and accordingly it is contended that the private respondent could not have been promoted as per the provision of the Rules and the Notification dated 30.8.1986, to the post of Headmaster. 5.2.The respondent No.7 in his counter affidavit justifies his promotion to the post of Headmaster on the basis of the Draft Gradation List notified on 3.10.2006 of teachers eligible for promotion to the post of Headmasters in the M.E. Schools under the Hojai Sub-Division. However the private respondent does not refer to any regular select list, to support his promotion.