TRINAYAN CH DUTTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard the learned counsel for the parties involved in this batch of writ petitions. Since the issue raised is one and the same, all the writ petitions have been heard together and are being disposed of by this common judgment and order. For convenience the facts of W.P. (C) No. 4836/2011 have been considered. The petitioner involved in this writ petition is aggrieved by order dated 09.09.2011 (Annexure-6) by which the Director of Secondary Education, Assam has allowed the respondent No. 4 to hold the charge of Principal of the Higher Secondary School in question. According to the petitioner, he being senior to the respondent No. 4, the charge of the Principal ought to have been given to him instead of giving the same to the respondent No. 4. In this connection, the petitioner has referred to Annexure-5 Gradation list prepared by the Principal of the school in which the name of the petitioner appears at serial No. 2, while that of the respondent No. 4 appears at serial No. 6.

(2.) While there is no dispute that as per the date of joining the service in the Graduate cadre the petitioner is senior to the respondent No. 4, the respondent No. 4 and the official respondents have contended that since the cadre of Post Graduate teacher is higher than that of the cadre of Graduate teacher, irrespective of the date of joining the service as Graduate teacher, the Post Graduate teacher will score a march over the Graduate teacher in the matter of promotion including holding the charge of higher post.

(3.) In the counter affidavit filed by the official respondents through the Director of Secondary Education, Assam, it has been contended that since the Post Graduate teachers are in higher cadre than that of Graduate teachers, the said Post Graduate teacher will always rank senior to the Graduate teacher. In this connection, the Director of Secondary Education has referred to the speaking order dated 29.03.2011 passed by the Commissioner and Secretary to the Government of Assam in the Education (Secondary) Department by which seniority in respect of two teachers has been determined on the basis of the above analogy.