LAWS(GAU)-2012-5-101

SASHI HAZARIKA Vs. STATE OF ASSAM

Decided On May 23, 2012
Sashi Hazarika Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) HEARD Mr. P. J. Saikia, learned counsel for the petitioner. None has appeared for the official respondents. I have also heard Mr. A. M. Bujarbarua, learned counsel for the respondent No. 4.

(2.) THE petitioner presently serving in Assistant Teacher with Graduate Scale of Pay of B. P. B. Memorial H. S. School, Sonari in the district of Sibsagar is aggrieved by Annexure -I order dated 30.1.2012 issued by the Director of Secondary Education Assam allowing the respondent No. 4 to hold the charge of the Principal of the school in addition to his normal duties as Subject Teacher under FR 49(C).

(3.) THERE is no dispute that in the normal circumstances, senior most teacher of the school irrespective of whether he belongs to graduate cadre or post graduate cadre is required to be given the charge the principal in absence of any regular principal. The question for determination is as to whether the petiti0ner is senior to the respondent No. 4 entitling him to hold the charge of the principal.