RAMESH CHANDRA KHAKHLARI Vs. STATE OF ASSAM

JUDGEMENT

(1.) An order dtd. 8/4/2022 by which the respondent no. 6 has been given the charge of the post of Principal of Barghuli Nehru Higher Secondary School in the BTC is the subject matter of challenge in this petition instituted under Article 226 of the Constitution of India.

(2.) The fact projected in the petition is that the petitioner is a Madhyama (Bisharad) which, according to the petitioner, is equivalent to Graduation.

(3.) Vide an order dtd. 29/4/1994, the Inspector of Schools had appointed the petitioner as Senior Hindi Teacher in the KB Dewalkuchi HS School for a period of 3 months against a newly sanctioned post. The Head of Account for the related expenditure was also indicated in the said order. The emphasis is given on the scale of pay allotted to the petitioner which was stated to be Rs.1375.003375/- per month which according to the petitioner, is Graduate Scale of Pay. The contention of the petitioner is that while his appointment was extended from time to time, vide an order dtd. 23/10/1998, he was adjusted in the present Barghuli Nehru Higher Secondary School where he continued to serve. On 5/3/2019, the petitioner was appointed as Assistant Headmaster. The petitioner has also relied upon a seniority list prepared by the then Headmaster of the School wherein all the details of the petitioner, the respondent no. 6 and another Assistant Teacher were given and in the said list, the name of the petitioner had figured in Sl. No. 1 whereas that of the respondent no. 6 figured in Sl. No. 2. Vide an order dtd. 28/2/2022, the petitioner was given the charge of the Principal of the School as the earlier Principal had retired. It is clarified that since the School was upgraded to a Higher Secondary School, in the meantime, the post relevant is that of the Principal. While the petitioner was discharging his duties as In-charge Principal, vide the impugned order dtd. 8/4/2022, the respondent no. 6 was given the charge of the Principal.