MOINUL HOQUE Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N. Ahmed, learned counsel for the petitioner. Also heard Mr. R. Mazumder, learned counsel for the respondents No.1, 2, 3 and 4 being the authorities in the Secondary Education Department and Elementary Education Department of the Govt. of Assam.

(2.) The petitioner Moinul Hoque who was the science graduate teacher of Jogirmahal M.E. School in the Dhubri district was promoted as the Headmaster of Jogirmahal M.E. School on being selected by the District Level Selection Committee, Dhubri as per the order dtd. 20/1/2018 of the Director of Elementary Education, Assam. In other words, we have to understand that on and from 20/1/2018 onwards the petitioner was the Headmaster of Jogirmahal M.E. School.

(3.) The communication dtd. 30/1/2018 of the District Elementary Education Officer, Dhubri requires the Headmaster of Jogirmahal M.E. School to handover the assets both movable and immovable of the Jogirmahal M.E. School to the Headmaster of the Jogirmahal High School inasmuch as, Jogirmahal M.E. School stood amalgamated with Jogirmahal High School. The amalgamation admittedly is as per the office memorandum dtd. 22/9/2016. It is stated that upon the amalgamation, the petitioner was continued as a teacher of the amalgamated Jogirmahal High School. Clause-7 of the office memorandum dtd. 22/9/2016 under which the Jogirmahal M.E. School got amalgamated with the Jogirmahal High School provides as extracted under:-