JITEN THAKURIA Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) The matter relates to determination of seniority between the petitioner and the respondent No. 6 with consequential benefit of promotion as Headmaster of the school in question. There is no dispute that as per the date of joining the service and subsequent granting of graduate scale of pay, the petitioner is senior to the respondent No. 6. However, his seniority has been determined and fixed below that of respondent No. 6 on ground of his transfer to the present school as per his own request.

(2.) The petitioner was first appointed as Graduate Mathematics teacher by Annexure -1 order dated 17.6.1978 in the school called Pallar Par High Madrassa. By Annexure -2 order dated 25.8.1998, he was transferred and posted in Howli High School in his own grade and scale of pay. In the order of transfer, it was mentioned that there should not be any claim for TA & DA. It is on this count, the respondents have contended that the transfer of the petitioner being on his request, he was not provided with TA & DA with the resultant effect that his earlier period of service would not count for seniority in the new school. The petitioner is serving in the school as an Assistant Teacher in the graduate scale of pay (Maths & Science).

(3.) The respondent No. 6 was first appointed on 18.2.1982 in the school called Azad, High School, Barpeta from where he was transferred to the present school namely Howli High School, Barpeta by order dated 28.11.2000. According to the respondent No. 6, since the school was provincialised with effect from 19.11.1991, his seniority should be counted from that date and since the petitioner was transferred to this school as per his own request vide Annexure -2 order dated 25.8.1998, his seniority would be counted from that date only. Be it stated here that on an earlier occasion also, the petitioner was transferred from Pallar Par High Madrassa to another school called Ruposi High School in the year 1983 from where he was transferred to the present school by the aforesaid Annexure -2 order dated 25.8.1998.