NIBEDITA DUTTA BARUA Vs. COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM EDUCATION (SECONDARY) DEPARTMENT

JUDGEMENT

(1.) Heard Mr. N. Barua, learned counsel for the petitioner and Mr. A. Deka, learned Standing Counsel for the Education Department. Although Mr. D. Das, learned senior counsel and Ms. R. Gogoi, learned counsel have been shown to have appeared for the respondent No.5 and although the names of Mr. Das have been reflected in the cause list, none has appeared for the respondent No.5. The matter was earlier heard on 27.04.2017 and has again taken up today, but in spite of the same, none has appeared for the respondent No.5.

(2.) The petitioner was appointed as an Assistant Teacher in the Kathalguri High School, Tinsukia on 03.05.1989 and thereafter she was transferred to Sankardev Seminary High School on 03.08.1989 and since then she has been discharging her duties in the said school till date. It is stated that the respondent No.5 was transferred from Rajabahar High School on 14.09.1994 in her own grade and scale of pay and in the order of transfer, it was clearly reflected that the respondent No.5 cannot claim seniority over the existing staff of the Sankardev Seminary High School as because she was transferred to the Sankardev Seminary High School on her own request. By the order dated 10.07.2012, the respondent No.5 had been promoted to the post of Assistant Headmistress of the Sankardev Seminary High School, Jorhat on the recommendation of the Selection Committee. It is stated that the said recommendation had been made by taking into account the seniority of the respondent No.5 in her earlier school at Rajabahar High School.

(3.) Now for the purpose of being promoted as the Assistant Headmistress of the Sankardev Seminary High School, an issue had arisen as to who between the petitioner and the respondent No.5 is senior in service. Although the date of appointment of the respondent No.5 in the Rajahabar High School is not available, but the record reveals that she received her graduate scale of pay on 01.08.1982. As such, it can be construed that the initial appointment of the respondent No.5 was prior to that of the petitioner, who was appointed on 005.1989 and transferred to Sankardev Seminary High School on 008.1989. But the issue for determination is that as the respondent No.5 was transferred to the Sankardev Seminary High School, Jorhat by the order dated 14.09.1994 on her own request and on a condition that the said respondent No.5 cannot claim seniority over the existing staff of the Sankardev Seminary High School, whether the said respondent No.5 would be entitled to her earlier service period in the Rajahabar High School for being counted towards her seniority.