MUNINDRA NATH KONWAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Hasan, learned counsel for the petitioner, Mr. U.K. Das, learned counsel appearing for the respondent No.4 and Mr. B. Talukdar, learned Standing Counsel appearing for the Secondary Education Department, Assam.

(2.) The case of the petitioner is that he had joined the service as a Subject Teacher in the Bortola Higher Secondary School on 27.01.1992. On the other hand, the respondent No.4, who was initially working in the Naharkatia Higher Secondary School, was transferred to Bortola Higher Secondary School on 22.05.1995, but his transfer was on his own request. Accordingly, the learned counsel for the petitioner submits that the petitioner having joined in the Bortola Higher Secondary School on 27.01.1992, whereas on the other hand, the respondent No.4 having transferred on his own request to the Bortola Higher Secondary School on 22.05.1995, the petitioner is senior to the respondent No.4.

(3.) In the instant petition, the petitioner challenges a seniority list of the teachers of the school, wherein the respondent No.4 is shown to be senior to the petitioner. None of the learned counsel for the parties could produce a copy of the said seniority list. However, the parties do not dispute the existence of the said seniority list and the contents thereof. Accordingly, it is construed that the seniority list which is under challenged, is in existence and the said seniority list depicts the respondent No.4 to be senior to that of the petitioner.