DEWAN RAM BORO Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE petitioner assails the notification dated 22. 11. 2006, whereby the respondent No. 3, according to him have been illegally and arbitrarily allowed to hold the charge of the post of Director of Elementary Education, Assam. This Court issued notice on 6. 12. 2006, directing service of notice on the said respondent by registered post. The petitioner, was also granted the liberty to serve the notice personally on respondent No. 3. By an affidavit filed on 15. 12. 2006, the petitioner has affirmed on oath that a copy of the writ petition had been served on the said respondent. Annexure-A to the affidavit bears out the said assertion. The respondent No. 3, however, has not entered appearance. In view of the urgency expressed at the Bar, the petition has been taken up for final disposal at the admission stage.

(2.) I have heard Mr. N. Dutta, Senior Advocate assisted by Mr. K. Goswami, Advocate for the petitioner and Mr. M. K. Choudhury, Senior Standing Counsel, Education Department for the official respondents.

(3.) THE contesting parties having exchanged their pleadings, it is essential to take stock of the rival pleas. The petitioner's version is that, his initial appointment to the post of Deputy Director of Elementary Education Assam on 2. 11. 1985, under Regulations 3 (f) of the A. P. S. C. (Limitation and Function) Regulation, 1951 (hereinafter also referred to as the 'regulation'), after being regularized on 13. 7. 1988, he was promoted as Joint Director of Higher Education of Assam on 6. 2. 1996 under Regulation 4 (d ). His service as such too was regularized on 4. 9. 1998. Subsequent thereto, he was promoted as Addl. Director of Education (Secondary) Department of Assam on 29. 3. 2005. Compared thereto, the respondent No. 3, was appointed as the Deputy Director of Education, Assam on 13. 7. 1988 and thereafter was promoted as joint Director and Addl. Director of Education on 31. 3. 2000 and 22. 6. 2006 respectively, signifying thereby, that he had been junior to the petitioner throughout his service career. After being promoted to the post of Addl. Director of Higher Education on 29. 3. 2005, under Regulation 4 (d), the petitioner's services were placed at the disposal of N. C. Hills Autonomous Council, Haflong and he was posted as Addl. Director of Education (Hills) Haflong. While as such, he was posted as Secretary, Assam Higher Secondary Education Council, Bamunimaidan (hereinafter also referred to as the 'council') on deputation, on 29. 9. 2005 vice Shri Mohsin Ali, Director of Secondary Education Council, Assam being relieved of the said office. On 22. 6. 2006, the petitioner's service in the post of Addl. Director of Education, Assam was regularized. On 19. 8. 2006, the provisional gradation list of the Officers in the Cadre of Additional Director of Education was published. The petitioner was placed at Sl. No. 2, whereas the respondent No. 3's name appeared at Sl. No. 4 therein, Shri B. K. Das, whose name appeared at Sl. No. 1 in the said list, while holding the post of Non-formal and Adult Education, Assam in the rank of Addl. Director, had been allowed to hold the charge of the post of Director of Elementary Education, Assam on 23. 9. 2005 in terms of seniority. However, following his arrest in connection with a criminal case, he was placed under suspension on 20. 11. 2006. While, the petitioner being the next Senior Addl. Director, was waiting in expectation to be allowed the charge of the post of Director of Elementary Education, Assam as per the practice hitherto adhered to, by the impugned notification, the respondent No. 3, was permitted to hold the charge of the said office in addition to his own duties as Addl. Director. Incidentally, on 30. 11. 2006, the final gradation list of the Officer in the cadre of Addl. Director Education was published maintaining the interse seniority reflected in the provisional gradation list. The petitioner admittedly, was senior to the respondent No. 3, but had been denied the charge of the Office of the Director of Elementary Education, Assam. This the petitioner, has alleged to be a yield of political interventions and extraneous considerations.