JAGANNATH PEGU Vs. STATE OF ASSAM

JUDGEMENT

(1.) BEING aggrieved by the order dated 29. 7. 2004 passed by the Director of Secondary Education, Assam permitting the respondent No. 4 to hold the charge of the office of the Head Master of Karatipar High School, Majuli (hereinafter referred to as the school) w. e. f. 1. 8. 04, the petitioner has sought to invoke the writ jurisdiction of this Court.

(2.) I have heard Mr. B. P. Borah, Senior Advocate assisted by Mr. D. Borah, Advocate for the petitioner and Ms. M. Gogoi, learned standing counsel, Education Department for the official respondents. The respondent No. 4 though served with the notice of the proceeding has not entered appearance.

(3.) A brief out line of the pleaded case of the petitioner would be essential to appropriately evaluate the rival submissions. The petitioner who is a graduate in science was appointed as science graduate Assistant Teacher in the school by order dated 6. 6. 1992 of the Inspector of Schools, Jorhat District Circle (herein after referred to as the Inspector of Schools ). While serving as such the petitioner obtained B. ED degree in the year 1999 from the Post Graduate Training College, Jorhat. One Shri Horendra Nath Baruah, B. Sc. Asstt. Teacherof Lohit High School, Majuli was on his request transferred to and posted at the Karatipar High School on 27. 1. 1996. According to the petitioner as he had come on transfer on his request his seniority was to be reckoned in the school from the date of joining there. The petitioner has claimed that he had been drawing pay in the graduate scale w. e. f. 1. 8. 1992. Out of five graduate Assistant Teachers in the school including him, Shri Horendra Nath Baruah received pay in the graduate scale w. e. f. 13. 11. 1991. The remaining three started drawing pay in the graduate scale after him. The petitioner has sought to substantiate the above facts by producing an extract of the seniority list Annexure-D to the writ petition. The Inspector of Schools by his order dated 20. 11. 92 upgraded the service of respondent No. 4 to the graduate scale of pay.