REWATI BALA SAHARIAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) By this writ petition, the challenge has been made to the order dated 5.5.2003 (Annexure 6), by which the respondent No.4 has been transferred to Banglagarh MV School in the district of Darrang against the vacant post of Headmaster which has occurred due to retirement of the earlier incumbent on attaining the age of superannuation.

(2.) Shortly stated the facts leading to filing of the instant writ petition is that the petitioner was appointed as Assistant Mistress in the year 1967. She has been serving in the present school from 1983. It is the case of the petitioner that she is the senior most Assistant Teacher in the school aspiring for her promotion as Head Mistress. According to the petitioner during the year 2000- 01 a selection was conducted for appointment/promotion as Headmaster/ Headmistress in MV School and the select list was published in March, 2001. The petitioner was selected and her name found place in the select list at serial No.6. When the petitioner was aspiring with the legitimate expectation for her promotion as Headmistress in the school, she was allowed to deal with financial matters regarding monthly bills of teachers and Grade IV employees of the school until appointment of the Headmaster. That was so done by an order dated 11.7.2000. When the matter stood thus, the impugned order was issued on 5.5.2003 transferring the respondent No.4 to the school in which the petitioner has been serving. Such transfer of the respondent No.4 was on his own request as will be evident from the said order dated 5.5.03.

(3.) This Court while entertaining the writ petition passed an interim order suspending the operation of the impugned order. In view of such interim order the respondent No.4 could not join in the school and it is the petitioner who has been discharging her duties as were assigned to her by Annexure 4 order dated 11.7.2000. The legality and validity of the said order dated 5.5.2003 has been assailed in this writ petition.