LILA KANTI MAHANTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) BOTH the writ petitions by and between the same parties have been heard analogously and are being disposed of by this common judgement and order. While in WP(C) No. 3142/2007 (hereinafter referred to as the first writ petition) the petitioner has challenged the order dated 27/02/2006 by which the Sub -Inspector of Schools, Biswanath Division ordered for handing over charge to the respondent No.4 upon retirement of the regular incumbent as Headmistress of the School in question, in WP(C) No. 992/2013 (hereinafter referred to as the second writ petition), the petitioner has challenged the order dated 29/09/2012 by which the earlier order dated 24/09/2012, by which she was allowed to perform the duties as Headmistress of the School was cancelled. Because of this order dated 29/09/2012, the respondent No.4 continued to hold the charge of Headmistress of the School and still holding the charge.

(2.) I have heard Mr. P. Mahanta, learned counsel for the petitioner in both the writ petitions. I have also heard Mr.J. Abedin, learned Standing Counsel, Education and so also Mr. A. Sharif, learned counsel representing the respondent No.4. I have also considered the entire materials on record. The basic facts of both the writ petitions are as follows.

(3.) IN the counter affidavit filed by the respondents, both official and private, it has been contended that since the petitioner was transferred to the present school which is a Govt. school from a provincialised school, she will not be entitled to count seniority in the present school. It is the further plea that since the respondent No.4 is a teacher of the present Govt. school, she has been allowed to hold charge of the School.