UPENDRA NATH DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. Choudhury, learned counsel for the petitioner and Ms. Gogoi, learned Standing counsel, Education Department for the respondents.

(2.) THE judgment and order dated 18. 10. 2000 passed by the learned Assam Administrative Tribunal, Assam, Guwahati (hereinafter referred to as the Tribunal) in Appeal Case No. 85 ATA/1998 is in challenge. This Court, while issuing Rule on 05. 01. 2001, has stayed the operation of the said verdict. It is submitted at the Bar that the petitioner continues to be the Vice Principal of Bhella Higher Secondary School (hereinafter referred to also as the School) as on date. The Respondent No. 5 though served with the notice of the proceedings; has chosen not to contest the same. No affidavit has been filed by any of the respondents.

(3.) A brief outline of the relevant facts is indispensable. The petitioner who is a post-graduate in Botany was appointed subject teacher (P. G. Teacher) in the said subject in P. B. Higher Secondary School on 20. 12. 79. the respondent No. 5, much before him, was appointed Assistant Teacher (Graduate Teacher) in Bhella Higher Secondary School on 11. 03. 1969. The petitioner was transferred to the said school in his own Grade and Scale of pay on 06. 02. 1985. In the year 1993, applications were invited for filling up the post of Vice Principal of Bhella Higher Secondary School.