PRABODH KR BARUA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The grievance raised in this writ petition is in respect of a WT message issued by the Commissioner & Secretary to the Government of Assam in the Education Department directing the Inspector of Schools, Sonitpur to allow the respondent No. 5 to take over charge of the post of Principal in the school in question. Be it stated here that the petitioner has been holding the post of Vice Principal, as in-charge since 1999 and thus naturally, it was his expectation that in the event of vacancy caused to the next higher post of the Principal, he would be allowed to hold charge of the post.

(2.) The facts as could be gathered from the writ petition, the miscellaneous applications filed by the respondent No. 5, the counter affidavit filed by the Commissioner & Secretary, Education and the various documents including the service books produced by the learned counsel for the parties, are as follows.

(3.) The petitioner was appointed as Subject Teacher in History alongwith two others in Madhya Chaiduar Higher Secondary School, by Annexure-A appointment order dated 24.10.1978 issued by the Inspector of Schools of the then Darrang District Circle, Fezpur (now Sonitpur District). The appointment was stated to be for a period of three months or till the posts are regularized by the Director of Public Instruction, Assam under Regulation 3(f) of the APSC, possibly meaning thereby, the APSC (L & F) Regulation, 1951. Be it stated here that the posts did not come within the purview of APSC selection and thus the condition was a misnomer.