BIJOYLAKSHMI BARDOLOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard BD Goswami, learned counsel for the petitioner also heard Mrs. NS Thakuria, learned counsel for the opposite party.

(2.) The matter related to the appointment of I/c, Principal of the Nazira Girls' H.S. School, Nazira on the retirement of Sri Budhindra Nath Barthakur, Principal I/c of the said School. A direction was given to the retiring Principal I/c of the said school Sri Budhindra Nath Barthakur to hand over the charge of the Principal to the senior most teacher of the school and the writ petitioner Smti. Bijoy Lakshmi Bordoloi was given the charge by Mr. Borthakur. Thereafter, vide order dated 5.7.03, Mrs. D. Buragohain Gogoi, Inspector of Schools, Sibsagar was asked to look after the administrative side of the said school aed vide order dated 28.7.03 Mrs. Hiranya Phukan, respondent No. 4 was allowed to Look after the academic side for smooth running of the school. The said order dated 28.7.03 has been challenged in this writ petition by Smti. B. L. Bordoloi on the ground that she is the senior most subject teacher in the said school and she had joined the said school on 29.7.75 and as such she should have been allowed to look after the academic side of the school. The case of the respondent No. 4 Smti Hirayana Phukan is that she had joined Service on 21 .9.73 and she was getting graduate scale of pay form that date and as such she is the senior most teacher of the said school and hence, the impugned order is justified.

(3.) In this writ petition, the claim of the respondent No. 4 has been challenged on the ground that the respondent No. 4 was transferred to the present school in the year 1989 and as such, she has been working there since then. Whereas, writ petitioner has been serving as Assistant Teacher in the said school since 29.7.75 and hence, the writ petitioner has a longer period of service in the said school. The length of service in the above school should be: counted in determining seniority for giving charge of headmastership or principalship.