DWARIKA PRASAD TIWARI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Common question of law and facts having arisen in both these writ petitions, the same are being taken up together for consideration and are being disposed of by this common judgment.

(2.) The facts necessary to unravel the controversy that has arisen between the parties in the present proceeding may be conveniently set out as hereunder. For clarity, it may be noticed that one D.P. Tiwari in the petitioner in C.R. No. 62417 96 and the respondent No. 4 in C.R. No. 516/97 whereas one P.K. Deb Adhikari is the petitioner in C.R. No. 561/97 and the respondent No. 5 in C.R. No. 6241/96.

(3.) The bone of contention between the parties to the present proceeding is regarding inter-se seniority in the cadre of Assistant Teacher in a particular High School of the State of Assam. The question of seniority of the incumbents admittedly is dealt with by the provisions of Assam Secondary Education (Provincialised) Service Rules, 1982 particularly Rule 13 thereof. Aggrieved by the determination of seniority made by the Director of Secondary Education, Assam, the respondent No. 4 in C.R. No. 516/97, D.P. Tiwari instituted a writ proceeding before this Court which was registered as C.R. No. 2567/93. This Court by judgment and order dated 7.12.95, on the grounds and reasons mentioned, expressed its declination to enter into the question raised by the writ petitioner in the said proceeding land instead thought it appropriate to send (the matter back to the Director of Secondary Education, Assam for a de- novo consideration of the question of inter- se seniority between the present parties. Pursuant to the said order passed by this Court in C.R. No. 2567/93, the Director of Secondary Education by order dated T.6.96 determined the seniority of Sri D.P. Tiwari over Sri P.K. Deb Adhikary. Aggrieved, Sri P.K. Deb Adhikary filed an appeal before the learned Commissioner and Secretary to the Government of Assam, Education Department and the said authority by the impugned order dated 5.12.96 reversed the findings arrived at by the Director of Secondary Educatiion, Assam and came to the conclusion that it is Sri Deb Adhikary who is senior to Sri Tiwari. The correctness of the aforesaid order passed by the learned Commissioner and Secretary to the Govt. of Assam, Education Department is the subject matter of challenge in C.R. No. 6241/96 instituted by the aforesaid D.P. Tiwari. In the parallel proceeding instituted by Sri Adhikary the correctness of the order passed by the Director of Secondary Education dated 7.6.96 is under challenge. To resolve: the dispute that has arisen in both the writ petitions, an examination of the correctness of the contentions raised in C.R. No. 6241/ 96 by Sri Tiwari would be sufficient.