DIPALI SEN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B. Purakayastha, learned counsel for the petitioner. Also heard Mr. S.M.T. Chistie, learned counsel for the respondents No. 1, 2 and 3 and Mr. B. Kaushik, learned counsel for the respondents No. 4 and 5.

(2.) The petitioner was the Headmaster of Badarpur Public M.E. School. Badarpur Public M.E. School was amalgamated with Badarpur Public High School as per the order of amalgamation dated 22.01.2018. After amalgamation, the communication dated 22.01.2018 was issued by the Commissioner & Secretary to the Govt. of Assam addressed to the Director of Secondary Education, Assam providing for the staff pattern of the amalgamated Badarpur Public High School. At Serial No.22 of the said staff pattern of the amalgamated school, the petitioner is shown to be the Headmaster of the erstwhile Badarpur Public M.E. School but in respect of the amalgamated Badarpur Public High School she is shown as Senior Assistant Teacher. As per the Office Memorandum No. ASE.481/2016/17 dated 22.09.2016 of the Secondary Education Department of the Govt. of Assam, as published in the Assam Gazette dated 23.03.2017, in Clause 3(7) thereof, it is provided that after the amalgamation the post of Headmaster of the M.E. School shall be re-designated as Assistant Headmaster of the amalgamated High School. Clause-7 is extracted as below:-

(3.) The terms of amalgamation provides that the Headmaster of the erstwhile Badarpur Public M.E. School upon amalgamation would be re-designated as the Assistant Headmaster of the High School. In the instant case, the petitioner was the Headmaster of the Badarpur Public M.E. School, which was amalgamated with Badarpur Public High School as per the order dated 22.01.2018 and therefore after amalgamation, the petitioner by operation of law as per the provisions of the Office Memorandum dated 22.09.2016 got re-designated as the Assistant Headmaster of the amalgamated Badarpur Public High School.