MADAN CHUTIA Vs. STATE OF ASSAM AND OTHERS

JUDGEMENT

(1.) The order dated 21.3.2007 passed by the Director of Secondary Education, Assam holding the Respondent No. 4 to be senior to the petitioner in Ghilamara Higher Secondary School, District Lakhimpur (hereafter referred to as the 'School') is in challenge in the instant petition.

(2.) I have heard Mr. A. Sarma, learned Counsel for the petitioner, Mr. M. Dutta, learned Standing Counsel, Education Department, Govt. of Assam and Mr. A. Dutta, learned Counsel for the Respondent No. 4.

(3.) This is the second round of litigation by the petitioner. He was appointed as a Subject Teacher (Assamese) in Bordoloni Higher Secondary School on 26.12.79 and was thereafter on 23.2.1987, transferred to Ghilamara Higher Secondary School by order of the same date issued by the Director of Secondary Education, Assam. He accordingly joined Ghilamara Higher Secondary School on 1.3.1987. On the retirement of Sri Paramananda Gogoi, the Principal of Ghilamara Higher Secondary School, by the order dated 29.12.2006, the Respondent No. 4 was allowed to hold the charge of the said office pending finalisation of the inter se seniority amongst five teachers including the petitioner. The petitioner being aggrieved by the said order, approached this Court with WP (C) No. 290/2007 which was disposed of on 22.01.2007 with a direction to the Director of Secondary Education, Assam to decide the question of seniority of the teachers of the school within a period of two months and thereafter allow the senior most teacher amongst the Assistant Teachers to hold the charge of the office of the Principal till a regular incumbent was inducted. The impugned order was thereafter passed holding the respondent No. 4 to be senior to the petitioner principally, on the ground that he (petitioner) having been transferred to Ghilamara Higher Secondary School on his request and in the interest of public service, his seniority in the institution would be reckoned on and from 1.3.1987 i.e. the date of his joining. The seniority of the respondent No. 4 who had already serving the school was counted with effect from 1.5.85, the date of receipt of the graduate scale of pay by him.