SURESH CHANDRA SHARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. D.K. Sarmah, learned counsel for the petitioner. Also heard Mr. J. Abedin, learned Standing Counsel, Education Department. I have also heard Ms. B. Choudhury, learned counsel representing the respondent No. 4. Both the writ petitions filed by the same petitioner being inter-connected, have been heard analogously and are being disposed of by this common judgment and order. I have carefully considered the submissions made by the learned counsel for the parties and have also perused the entire materials on record. The brief facts leading to filing of the writ petitions by the same petitioner are as follows:

(2.) WP (C) No. 3117/2013

(3.) I have very carefully perused the averments made in the writ petition. On perusal of the writ petition, I do not find any whisper regarding the appointment of the respondent No. 4 in the graduate scale of pay and for that matter as Assistant Teacher in the graduate scale of pay w.e.f. 15.12.1984. As per the own showing of the petitioner (Annexure-P/2), while the date of appointment of the petitioner as Subject Teacher is 18.02.1985, the date of appointment of the respondent No. 4 as Assistant Teacher in the graduate scale of pay is 01.04.1982. In the writ petition, the only ground projected by the petitioner is that since he is B.Ed., degree holder coupled with the fact that he is in a different cadre of Subject Teacher, considered to be higher than that of graduate cadre, he will always rank senior to the respondent No. 4.