SHANTANU KUMAR DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. N. Saikia, learned counsel for the Petitioner and Mr. P. K. Roy, learned Senior counsel appearing for the respondent No.5. Also heard Mr. B. Kaushik, learned Standing counsel appearing for the Secondary Education Department.

(2.) The petitioner by way of instituting the present proceedings has presented a challenge to an order dtd. 26/8/2022 passed by the Director, Secondary Education, Assam allowing the respondent No.5 herein to hold the charge of the post of Principal in Budhan Higher Secondary School.

(3.) The petitioner herein was initially appointed as a Science Teacher in Budhan M.E. School, Karimganj vide an order dtd. 30/12/1991. The petitioner in terms of the said order of appointment, joined his services on 1/1/1992 and thereafter has been continuing in the said capacity in the said School. The respondent authorities in terms of the Siksha Khetra Scheme vide a communication dtd. 6/6/2017 proceeded to amalgamate Budhan M.E. School with Budhan H.S. School. It is to be noted that the respondent No.5 herein was working in Budhan H.S. School as a Hindi language teacher. On a vacancy arising in the post of Principal of the said School, the Director of Secondary Education, Assam vide an order dtd. 26/8/2022 proceeded to allow the respondent No.5 herein to hold the charge of the post of Principal along with financial power to draw and disburse the salary of the staff in addition to her normal duties as Hindi Teacher w.e.f. 1/9/2022. The petitioner herein being aggrieved by the said order dtd. 26/8/2022 has instituted the present proceedings.