UMESH CHANDRA BHUYAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) The dispute raised in the writ petition relates to seniority between the petitioner and the respondent No. 4 and the consequential claim for charge of Principal of the school in question.

(2.) The petitioner was first appointed on 20.5.1973, as Assistant Teacher of Tulsibari M.E. School by the Managing Committee of the school. Subsequently his service was regularized with effect from 20.5.1973. The school was provincialised with effect from 1.3.1978 and the petitioner was appointed as the Headmaster of the school for a period of three months by an order dated 19.10.1979 issued by the Deputy Inspector of Schools, Rangia. Thereafter he was allowed to act as Headmaster by subsequent orders issued from time to time extending his services. Eventually by Annexure-C order dated 21.1.1980 his services as Headmaster was extended until further order.

(3.) As against the aforesaid position of the petitioner, the respondent No. 4 was first appointed on 20.12.1972 as Assistant Teacher of a High School called Borghuli Neheru High School, which was subsequently provincialised with effect from 1.10.1977. The respondent No. 4 was transferred to the school called Tulsibari Bahumukhi High School by order dated 2.2.1993 issued by the Inspector of Schools, Rangia on the basis of the request made by him. He was so transferred against a newly sanctioned vacant post of Science Graduate Teacher. In the order of transfer it was indicated that such transfer was on own request of the respondent No. 4 and that no TA and DA would be admissible for the purpose.