MAHABUBUR RAHMANCHOUDHURY Vs. STATE OF ASSAM

JUDGEMENT

(1.) The present proceeding pertains to legality and validity of the order dated 19.8.97, issued by the Deputy Director of Elementary Education, Assam, communicated vide No.EMA 8/97/75 dated 19.8.97, directing continuance of the officiating arrangement of Md Fakhrul Islam of Hizim ME Madrassa to hold the post of Head Master of the Madrassa.

(2.) On the transfer of Md Siddique Ali , the permanant Headmaster of the Hizim ME Madrassa, respondent No. 5, Md Fakhrul felam, an Asstt. Teacher of the Madrassa, was allowed to officiate as the Head master in the scale of pay admissible under the rules for a period of four months with immediate effect or till posting of a permanant Headmaster against the vacant post whichever isearlier.By an order dated 21.7.97, the said order was further extended for further four months or till clarification from the Director of Elementary Education, Assam, was received, whichever was earlier. By a letter dated 23rd July, 1997, the Director of Elementary'Education, Assam, in response to the communication of the district Elementary Education, Officer, Karimganj dated 21.5.97, directed that the petitioner, Md Mahabur Rahman Choudhury, may be allowed to hold the charge of the Headmaster of the Madrassa in addition to his own duties as Asstt. Teacher. The District Elementary Education Officer, Karimganj, by his order dated 1.8.97,cancelled the order dated 21.7.97 (i.e, the extension order) and the respondent No. 5, Md Fakhrul Islam, was directed to handover charge of the Madrassa to the petitioner. After taking the follow-up action as per the communication of the Director of Elementary Education, Assam, the District Elementary Education Officer, Karimganj, submitted a report vide No. K-DEO/97-98/A-9(Pt 1). 12552 dated 2.8.97(Annexure-VI to the Misc. Case No.222/98) which reads as follows:

(3.) Thereafter the Deputy Director, Elementary Education, Assam, comunicated the following order dated 19.8.97, which is impugned in this proceeding: