HEMEN CHANDRA DAS Vs. RAMESH CHANDRA KHAKHLARI

JUDGEMENT

(1.) Heard Mr. P. Mahanta, learned counsel for the appellant. Also heard Mr. R.P. Sharma, learned Sr. Counsel for the respondent No.1 assisted by Ms. A. Deka and Ms. R. Baruah, learned counsel for the respondent Nos.2 & 3. Ms. B. Bhuyan, learned Standing Counsel, BTC appears for respondent Nos.4 & 5. No one appears for the respondent No.6, even though notice had been served through dasti service.

(2.) The issue to be decided is whether the appellant or the respondent No.1 should be made the In- charge Principal of Barghuli Nehru Higher Secondary School. The learned Single Judge, vide the impugned judgment and order dtd. 16/5/2024 passed in WP(C) 2809/2022, directed that the respondent No.1 should be made the In-charge Principal of the said school, in view of the fact that the respondent No.1 joined as a Senior Hindi Teacher on being appointed on 29/4/1994 in the Graduate Scale of Pay. On the other hand, the appellant had been substantively appointed as an Assistant Graduate Teacher on 6/5/1996.

(3.) The learned counsel for the appellant submits that prior to the respondent No.1 joining the Barghuli Nehru Higher Secondary School on 28/10/1998 on the basis of the appointment order dtd. 23/10/1998, the respondent No.1 initially joined another school on the basis of the appointment order dtd. 29/4/1994 as a Senior Hindi Teacher with Graduate Scale of Pay on ad hoc basis.