SUJIT PAUL Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE petitioner, an Assistant Teacher of Harakishore High School, Hailakandi is aggrieved by the order dated 29. 8. 2006 passed by the Commissioner and Secretary to the Government of Assam in the Education Department by which it has been held that the Respondent No. 4 is senior to the petitioner and consequently, she will hold the charge of Headmistress in the school till regular appointment to the post is made.

(2.) THE petiioner was first appointed as an Assistant Teacher in another school called J. C. H. S. School, Hailakandi and he was so appointed on 17. 2. 1992. After about 4 years, he was transferred to the present school by order dated 30. 1. 1996 and as per the condition imposed in the order, the petitioner would be the junior-most teacher of the school. The condition imposed was that upon his transfer to the present school, he would not claim seniority over the other staff of the school. For the transfer, no T. A. and D. A. was also admissible to the petitioner. Going by the condition imposed in the order of transfer, it is apparent that the transfer of the petitioner was as per his own request and he accepted the bottom seniority in the school.

(3.) IN Paragraph 2 of the writ petition, the petitioner while stating about the aforesaid transfer order dated 30. 1. 1996, has contended that the condition imposed was illegal and arbitrary and he had submitted written objection to the Inspector of Schools, Hailakandi for omitting the condition and he was assured of doing the needful. However, till this very date, the condition is still there and according to the petitioner, in spite of assurance of the Inspector of Schools, no positive action has been taken in the matter.