JARJINA YESMIN ANSARI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. H. Das, learned counsel for the petitioner. Also heard Mr. N.J. Khatuniar, learned counsel for the respondents No.1, 2, 3 and 5 being the authorities under the Elementary Education Department of the Govt. of Assam and Ms. D.D. Barman, learned Additional Senior Govt. Advocate for the respondent No.4.

(2.) Considering the nature of the order proposed to be passed, we deem it appropriate that notice need not be issued on respondent Nos. 6 and 7.

(3.) The petitioner was appointed as an Assistant Teacher in the Bechamari Abdul Sattar L.P. School in the Nagaon district on 17.10.2009. Earlier there was a dispute between the petitioner Jarjina Yesmin Ansari and the other teacher Rinama Khatun as to who between the two would be the first Assistant Teacher of the school. Consequently, Rinama Khatun had instituted WP(C) 2361/2020 claiming that she had submitted representation on 08.01.2018 and that she ought to be the first Assistant Teacher of the school. The said writ petition was given consideration by the order dated 09.06.2020, wherein, the Director of Elementary Education, Assam was required to decide the dispute between the petitioner and Rinama Khatun by giving them an opportunity of hearing. Consequent thereto, the District Elementary Education Officer by communication dated 13.08.2020 to the Director of Elementary Education, Assam had arrived at its conclusion that the writ petitioner is the first Assistant Teacher having been appointed on 17.10.2009 and Rinama Khatun is the second Assistant Teacher having been appointed on 24.11.2009.