ARUN CH NIOG Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. C. Baruah, learned Senior Counsel for the petitioner, Dr. Y. K. Phukan, learned Senior Counsel for the respondent No. 5 and the learned Govt. Advocate , Assam.

(2.) This is the second round of litigation between the petitioner and the respondent No 5 in the matter of fixation of senoirity. The case of the petitioner Sri Arun Chandra Neog is that he joined as teacher in the Dohotia High Secondary School in the year 1971. The appointment was approved by the Managing Committee of the said school and the petitioner was given intermediate scale of pay with effect from 1971. In the meantime, the petitioner obtained Gradute Degree in the year 1974 and the petitioner was given graduate scale of pay from 23.2.77. On the other hand, the respondent No. 5 Robindra Nath Sharma was appointed as Stipendary teacher by the Inspector of Schools and the said Sharma joined the above school on 9.2.74. The respondent No. 5 was given Graduate Scale of pay with effect from January, 1975. The school was provincialised some time in the month of October, 1967.

(3.) The case of the petitioner is that he was appointed on regular manner by the Managing Committee of the School and had joined the institution in the year 1971, whereas the respondent No. 5 was appointed as Stipendary teacher only in the year 1974 and, as such, the petitioner is senior to respondent No. 5 because of his earlier joining in the said school. However, the respondent authorities placed the respondent No. 5 as senior to him and the petitioner has approached this Court in Civil Rule No. 1550/97. This Court vide the order dated 29.9.99 directed the Director of Secondary Education, Assam to examine the matter afresh after hearing both sides and determine the inter se seniority between the petitioner and the respondent Robindra Nath Sharma . Thereafter vide the impugned order dated 21 st June 1999, the Director of Secondary Education has reiterated his earlier decision holding that Robindra Nath Sharma is senior to the petitioner. Hence, the present writ petition, wherein the petitioner has challenged the fixation of seniority and has also asked for direction to direct the authority to allow the writ petitioner to hold charge of the Vice Principal of the school.