SAMIR MAZUMDAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B. Purkayasatha, learned counsel appearing for the appellant. Also heard Mr. R. Mazumdar, learned Standing Counsel, Secondary Education Department, Assam appearing for the respondent Nos.1 and 2 and Mr. R. M. Das, learned Standing Counsel, Dima Hasao Autonomous Council appearing for the respondent Nos.3 to 5. Mr. A. R. Sikdar, learned counsel is present on behalf of the respondent No.6.

(2.) This intra-court appeal is directed against the judgment and order dtd. 23/3/2022 passed by the learned Single Judge in WP(C) No.3099/2020 setting aside the order dtd. 30/6/2020, by means of which, the writ appellant herein was appointed as the In-charge Principal of the Government Girls Higher Secondary School, Haflong.

(3.) The facts and circumstances of the case, in a nutshell, are that the writ appellant herein was appointed as an Assistant Teacher vide order dtd. 28/1/1992 and his services were regularized as Assistant Teacher on 24/11/1994. The respondent No.6 was appointed as Subject Teacher on 31/12/1999 and her services were regularized on 12/1/2006. On superannuation of the erstwhile In-charge Principal of the aforesaid school the respondent No.6 herein was temporarily appointed as the In- charge Principal of the aforementioned school by the order dtd. 10/10/2017 issued by the respondent No.2. Thereafter, the writ appellant was appointed as Vice Principal of the school vide order dtd. 17/1/2020. The appointments of the respondent No.6 as In-charge Principal of the school and that of the writ appellant as the Vice Principal were admittedly made under the provisions of the Assam School Service (Govt. Secondary School) Rules, 2009 (herein after referred to as "the Rules of 2009") which was holding the field at the relevant point of time. However, the Rules of 2009 were subsequently replaced by the Assam Secondary Education (Government Schools) Services Rules, 2020 (herein after referred to as "the Rules of 2020") which was published in the official gazette on 3/6/2020. Subsequent thereto, the authorities had passed the impugned order dtd. 30/6/2020 replacing the respondent No.6 by the writ appellant as the In-charge Principal of the school.