MONHARI KALITA Vs. TARA NATH SARMA

JUDGEMENT

(1.) Mr. Tara Nath Sarma, the first respondent herein, presented three writ petitions, being Civil Rule Nos. 4824/95, 4934/95 and 1010/96, before this Court. The common relief sought for in these writ petitions is to quash the orders issued by the respondents in (1) letter No. D(3)S.425/95/6 dated 9th November, -1995, (2) Memo No. GB-EST/Apptt/33/85/105-A dated 17th November, 1995 and (3) Memo No. Est./ 3/11642-47 dated 30th January, 1996, for the reasons set out in the writ petitions. These petitions were contested by not only the appellant (5th respondent in the writ petitions), but also by the other four respondents. After hearing learned counsel on both sides, the learned Single Judge of this Court by an order made on 11th June, 1996 allowed the writ petitions by a common order and quashed the above three impugned orders made by the third respondent, Deputy Secretary to the Govt. of Assam, Education Department, the fourth respondent, Director of Secondary Education, Assam and the fifth respondent, Inspector of Schools, Nalbari, respectively. A direction came to be issued by the Court as follows :

(2.) Aggrieved by this order of the learned Single Judge, the appellant/5th respondent presented this writ appeal challenging the correctness and legality of the order of the learned Single Judge for the grounds taken in the appeal.

(3.) A few facts which are necessary for the disposal of the appeal are as follows: The undisputed facts as can be gathered from the pleadings of the writ petitions referred to above are that the first respondent/writ petitioner, Mr. Tara Nath Sarma, obtained the Graduate degree and also the Post Graduate degree of Bachelor of Teaching (B.T.) and then joined the service in the Department of Education as Assistant Teacher in a Graduate post on 17th April, 1962 in Ghograpar High School. Thereafter he was selected by the competent authority as Assistant Headmaster and he continued to hold the substantive post of Assistant Headmaster as there was a vacancy caused due to retirement of one Hari Ch. Das, Assistant Headmaster and he was allowed to temporarily act as in-charge Assistant Headmaster by an order made on 4th March, 1992. That order came to be issued by respondent No. 5, Inspector of Schools, Nalbari District Circle, Nalbari. Annexure-1 to the writ petition in Civil Rule No. 4824/95 is a copy of the said order. The writ petitioner also claimed that he was the seniormost Graduate Teacher and by virtue of his seniority he was allowed to continue as Assistant Headmaster, as per Annexure-2 dated 25th March, 1992. Again by letter dated 22nd February, 1995 (Annexure-3) issued by the 5th respondent, he was shown as i/c Assistant Headmaster and seniormost teacher. It is stated that since one Shri Debendra Baishya, Headmaster of Ghograpar High School having been retired, the charge of that post was handed over to the writ petitioner on 7th June, 1995 please see Anneuxre-4 to the writ petition), as the writ petitioner was the seniormost in the category of Assistant Headmaster. Later, the Inspector of Schools by an order made on 7th June, 1995 (as per Annexure-5 forwarded the application of the writ petitioner to the Director of Secondary Education for consideration for appointment as Headmaster. Indeed, by Annexure-6 dated 1st November, 1995, the Director of Secondary Education allowed the writ petitioner to operate the financial transaction regarding drawal and disbursement of pay and allowances of the staff as the writ petitioner was allowed to officiate as i/c Headmaster of the school. The Treasury Officer was also requested to honour the salary bills prepared and submitted by the writ petitioner. This communication was sent to the Treasury Officer, Nalbari.