PROBHAT BORAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M Nath, learned counsel appearing for the petitioner. The respondent Nos.1 to 4 are represented by Mr. SMT Chistie, the standing counsel, Education Department. Mr. PJ Phukan, learned Advocate appears for the respondent No.5.

(2.) Claiming to be the seniormost teacher in the Jengraimukh High School, Majuli, Jorhat District, the petitioner challenges the order dated 21.7.2011 (Annexure-4) whereby the DSE, Assam has promoted the respondent No.5 Nilakanta Nath as the Headmaster of the High School. According to the petitioner, the respondent No.5 was transferred to the Jengraimukh High School at his on request through the order dated 24.3.1999 (Annexure-2) and accordingly he is disentitled to claim seniority over the existing staff in the transferred school.

(3.) Mr. M Nath, the learned counsel refers to the Rule 24(2)(v) of the Assam Secondary Education (Provincialised) Service Rules, 2003 (hereinafter referred to as 'the Service Rules, 2003' ) to contend that when a teacher is transferred at his own request, his seniority in the transferred school will be counted w.e.f. from the date of his joining in the transferred school.