DIMBESHWARI SAIKIA Vs. STATE OF ASSAM AND OTHERS

JUDGEMENT

(1.) The petitioner as well as respondent No. 3 are presently serving as teachers, in Madhab Dev High School, in the district of Lakhimpur. The petitioner joined the said school, on 2.6.1982, as an Assistant Teacher. When the school was provincialised with effect from 19.11.1991, the petitioner was the second senior-most teacher in the said school, the senior-most teacher, in the said school, being, at that point of time, Golap Chandra Hazarika, who was the Headmaster of the school. By virtue of an order of transfer passed on 4.5.2004 respondent No. 3 came to the said school as an Assistant Teacher on being transferred from Sankardev Collegiate High School, where she had been serving as an Assistant Teacher. The relevant portion of this order is reproduced here in below :

(2.) When Golap Chandra Hazarika, the then Headmaster, retired, on superannuation, with effect from the afternoon of 28.2.2006, the petitioner was allowed to function as the In-charge Headmistress of the Madhab Dev High School. With the help of the orders, dated 10.4.2006 and 18.8.2006, issued by the Inspector of Schools, the petitioner continued to function as In-charge, Headmistress of Madhab Dev High School. Claiming that she was senior to the petitioner, respondent No. 4 made a representation. Consequent upon the representation so made, an order was passed, on 18.4.2007, by the respondent No. 2, namely, Director of Secondary Education, Assam. This order forms the subject-matter of controversy in this writ petition and is, therefore, quoted here in below :

(3.) Acting upon the order, dated 18.4.2007, whereby respondent No. 4 was treated to be senior to the petitioner, another order was made, on 18.4.2007, itself (Annexure-9 to the writ petition), whereby respondent No. 5 was allowed to hold the charge of the office of the Headmistress of Madhab Dev High School. Dissatisfied by the order, dated 18.4.2007, whereby respondent No. 3 has been treated as senior to the present petitioner, and also aggrieved by the order, dated 18.4.2007, whereby respondent No. 4 has been allowed to hold the charge of the office of the Headmistress of the said school, the petitioner has, with the help of this writ application, made under Art. 226 of the Constitution of India, sought for issuance of appropriate writ(s) setting aside and quashing the two orders, dated 18.4.2007, aforementioned and also to allow the petitioner to continue as In-charge Headmistress of the said school.