BHAGABAN CHANDRA DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) WHILE in the first writ petition, the petitioner has challenged the action on the part of the jurisdictional Inspector of Schools towards handing over charge of the post of Principal of the particular school to the private respondent, the private respondent has filed the second writ petition questioning the legality of the order passed by the Director of Secondary Education, Assam holding that the petitioner in the first writ petition is the seniormost Assistant Teacher of the School and consequently entitled to hold the charge of the Principal. It will be pertinent to mention here that by the order so passed by the Director of Secondary Education, Assam he has determined the seniority between one Shri Bipin Chandra Sarma, another Assistant Teacher of the school vis-a-vis the petitioner in the first writ petition. In the order, the petitioner in the second writ petition does not figure, but she is aggrieved by the finding recorded in the order holding that the petitioner in the first writ petition is the senior most Assistant Teacher of the School. Be it further stated here that said Shri Bipin Chandra Sarma, being aggrieved by the said order, had approached this Court by filing the writ petition being W. P. No. 8978/03. In the writ petition an interim order was passed on 23. 12. 05 by virtue of which said Shri Sarma continued to be the Principal-in-Charge of the school. The writ petition has been disposed of, being infructuous, in view of the fact that said Sarma retired from service on attaining the age of superannuation. However, the legality and validity of the order passed by the Director is required to be decided in view of the challenge put by the petitioner in the second writ petition.

(2.) SINCE the petitioners in both the writ petitions are with rival claims of seniority over each other and consequently holding the charge of Principal of the School, they have been heard together and are being disposed of by this common judgment and order.

(3.) THE facts are very in a narrow campus. As far as the respective date of appointment as the Assistant Teacher in the Graduate scale of pay is concerned, admittedly the first writ petitioner is senior to the second writ petitioner. The writ first petitioner was first appointed on 17. 12. 73 as Science Graduate Teacher under a programme called Half a Million Job. He received Graduate scale of pay w. e. f. 01. 02. 75. On the other hand, the second writ petitioner was appointed as Science Graduate Teacher w. e. f. 16. 11. 76. However, it is the case of the second writ petitioner that, as per rule 24 of Assam Secondary Education (Provincialisation) Services Rules 2003, the petitioner in the first writ petition being appointed under Half a Million Job Programme would get seniority w. e. f. 01. 03. 78. If that be so, the petitioner in the second writ petition having been appointed on 16. 11. 76, would rank senior to the first writ petitioner. It will be pertinent to mention here that while entertaining the second writ petition, this Court by order dated 17. 02. 06 issued direction to the Director of Secondary Education, Assam, who had earlier determined the seniority between the first writ petitioner and aforesaid Shri Bipin Chandra Sarma, to dispose of the representation of the second writ petitioner raising the seniority dispute.