MINA GOSWAMI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. B. Choudhury, learned counsel for the petitioner in WP(C) 202/2022 and for the respondent No.6 in WP(C) 712/2022. Also heard Mr. P.J. Saikia, learned counsel for the petitioner in WP(C) 712/2022 and for the respondent No.4 in WP(C) 202/2022 and Mr. U. Sarma, learned standing counsel, Secondary Education Department.

(2.) Issue involved in both the writ petitions pertains to appointment of Incharge Headmaster/Headmistress of Amtola High School, Lakhimpur under FR49(C) on purely temporary arrangement.

(3.) The writ petitioner in WP(C) 202/2022, namely Sri Dambaru Das was appointed as an Assistant Teacher and joined his service on 25/12/2000 at Amtola High School, Lakhimpur. The school was provincialised in the year 2013 and the service of the petitioner and respondent No.4 namely Smti Mina Goswami and other staff of the school were provincialised on 20/8/2013 w.e.f. 1/1/2013. The petitioner was deputed to undergo B.Ed course and he completed his B.E.d course on 29/9/2020. Vide dtd. 24/8/2021, the then Headmaster of the school submitted seniority list of the Amtola High School before the respondent No.3, wherein, the name of the petitioner appeared at Serial No.7 having B.Ed degree and the name of the respondent No.4 appeared at Serial No.5, who did not have the B.Ed degree as on 24/8/2021. The Director of Secondary Education, Assam vide order No.GBEST/Apptt/FP/22/2016/150 dtd. 9/9/2021 allowed the petitioner to hold the charge of Headmaster In-Charge of Amtola High School, Lakhimpur along with financial power to draw and disburse the salary etc., of the staff of the said school in addition to his normal duty as an Assistant Teacher under FR-49(C) vice Sri Parama-nanda Das, Headmaster, on his retirement on 30/9/2021.It provides that the order is purely temporary arrangement and will come into force w.e.f. 1/10/2021. Thereafter, on the retirement of Sri Paramananda Das on attaining the age of superannuation, he was released from the government service w.e.f. 30/9/2021. Accordingly, in terms of the order dt. 9/9/2021, the petitioner joined his service as Headmaster In-Charge on 30/9/2021.