DIPALI SEN Vs. THE STATE OF ASSAM TO BE REPRESENTED BY THE COMMISSIONER & SECRETARY TO THE GOVT. OF ASSAM

JUDGEMENT

(1.) With the consent of the learned counsel appearing for all the parties, this writ petition was heard at length and was reserved for judgment. The judgment is being delivered today. The perpetual rivalry between the Government employees over there inter-se seniority is once again confronting this Court in this writ petition. Heard Mr. MH Rajbarbhuiya, the learned counsel for the petitioner and Mr. N. Sarma, the learned standing counsel, Elementary Education Department as well as Mr. N. Dhar, the learned counsel for the private respondent (respondent No.4).

(2.) The case of the petitioner, as pleaded by her, is that she was appointed as Assistant Teacher of Badarpur Public ME School on 28.3.1987, and is a Graduate by academic qualification. She passed MA in English and has also obtained certificate in Primary Education from IGNOU. She has already been selected for promotion to the post of Headmaster of Upper Primary schools vides Annexure-4. As the senior-most Assistant Teacher, she has the lawful claim to be promoted to the post of Headmaster, but she has been deprived of such promotion.

(3.) The contention of the petitioner is that the private respondent is a HSLC passed and was appointed in the venture stage of the Badarpur Public ME School by the Managing Committee on 31.5.1977. On 27.1.1988 the private respondent made a prayer for obtaining the due qualification and was thereafter was deputed for Normal training but he failed repeatedly in the training. Thereafter while continuing as underqualified teacher, the private respondent was allowed to appear in the HSS examination by the order dated 9.2.2010 issued by the District Elementary Officer and as per the entry in his service book, the private respondent passed the Higher Secondary examination only on 19.4.2012. When he passed the said examination on 19.4.2012, he became qualified for the post of Assistant Teacher and that his seniority has to be counted from this date only.