LAXMI SHANKAR PRASAD Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. PJ Saikia, learned counsel for the petitioner, Mr. N Sarma, learned counsel appearing for the Elementary Education Department, Govt. of Assam and Mr. AR Bhuiya, learned counsel for respondent No.8.

(2.) Case of the petitioner is that he has passed High School Leaving Certificate (HSLC/Matriculate) examination and also possess Bisharad degree in Hindi. Petitioner joined as Hindi Teacher in the Bindhakata ME School, district Dibrugarh (School) on 30.08.1984. Respondent No.8 had joined as Assistant Teacher in the said School on 01.03.1990. From the pleadings and documents on record, it appears that following the superannuation of the incumbent Headmaster of the School on 31.12.2008, there had been some kind of tussle between the petitioner and respondent No.8 to hold the post of Headmaster of the said School. This led to filing of writ petition by the petitioner, being WP(C) No.3153/2013. The said writ petition was disposed of by this Court vide order dated 15.05.2014 by directing the Director of Elementary Education, Assam to verify as to whether prescribed training was provided to the petitioner as well as respondent No.8. It was made clear that if neither the petitioner nor the respondent No.8 had been provided training facility for which they could not undergo such training, the inter-se seniority of the petitioner, respondent No.8 and other teachers would be determined and the senior most would be allowed to hold the charge of the Headmaster of the School till regular selection.

(3.) This Court by order dated 14.11.2014 had issued notice and passed interim order staying the impugned order dated 09.10.2014.