JAGABANDHU DAS Vs. STATE OF ASSAM & ORS.

JUDGEMENT

(1.) The petitioner who was appointed as Assistant Teacher (Graduate) on 20.02.80 has filed this writ petition claiming seniority over the respondent No. 6 who according to him was appointed as such on 02.01.81. By the impugned order, it is the respondent No. 6 who has been promoted as Assistant Headmaster of the School.

(2.) There is no dispute that the petitioner was appointed in the school called Binapani High School, Diphu in the District of Karbi Anglong by Annexure-2 order dated 05.01.80. His such appointment was by the Secretary of the Managing Committee of the school. Pursuant thereto, the petitioner joined the school on 20.02.80. According to the petitioner, at the time of joining the school by him, there were only two other teachers excluding the respondent No. 6.

(3.) The appointment of the petitioner was approved by the Inspector of Schools by his order dated 15.11.80 (Annexure-3). It will be appropriate to mention here that although in the order according approval of appointment, only three teachers were indicated including the petitioner, but from the endorsement made to the school authority it appears that there were some other teachers whose appointments could not be approved in absence of their original academic certificates. This will go to show that as against the plea of the petitioner at the time of joining the school, there were only two other teachers, in fact, there were some other teachers which according to the respondents also included the respondent No. 6.