GAJEN CH. SWARGIARY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. BJ Ghosh, learned counsel for the petitioner, Mr. R Mazumdar, learned counsel for the Secondary Education Department of the Government of Assam, Mr. B Choudhury, learned counsel for the authorities under the BTC and Mr. R Islam, learned counsel for the respondent No.7.

(2.) The facts in brief are that the writ petitioner Sri Gajen Chandra Swargiary was appointed as an Assistant Teacher in the Chinakona High School on a graduate scale of pay on 01.10.1998. The respondent No.7 Sri Jiten Chandra Kalita on the other hand was appointed as an Assistant Teacher in the Chinakona ME School and he received his graduate scale of pay from 04.06.1992. The Chinakona ME School was amalgamated with the Chinakona High School as per the order of amalgamation dated 03.04.2017. We further take note that the respondent No.7 Sri Jiten Chandra Kalita was also the Headmaster of Chinakona ME School at the time when the school was amalgamated. As per the terms of amalgamation, the Headmaster of the ME School becomes Assistant Headmaster of the amalgamated High School after such amalgamation. Admittedly, after the amalgamation of the ME School and the High School on 03.04.2017, the respondent No.7 Sri Jiten Chandra Kalita was the Headmaster of the School.

(3.) It had been clarified that as per Rule 14(2) of the Assam Secondary Education (Provincialised Schools) Service Rules, 2018, the Assistant Headmaster of a High School would also be construed to be a Graduate Teacher of the School and has all the rights that may accrue to a Graduate Teacher.