ABDUL RAHMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE legal tussle engaging the writ petitioners pertains to their rival claims for the office of the Headmaster of the Mandakata High School ('the School') and their inter se seniority therefore. The proceedings are the manifestations of their challenges and/or grievances relating to the succeeding phases. This adjudication on the basis of an analogous hearing of these petitions would, thus, answer the lingering issue.

(2.) I have heard Mr. M. Nath, learned Counsel for the petitioner in WP(C) No. 2081/2008, Mr. M.R. Pathak, learned Standing Counsel, Education Department for the official respondents and Mr. B.K. Das, learned Counsel for the respondent No. 5. The parties above named being common in the other writ petitions are accordingly represented by their above named counsels.

(3.) THE petitioner has averred that some similarly situated graduate teachers appointed under the "Half a Million Job Programme" in the years 1974 and 1975 in the District of Kamrup not having being paid their graduate scale of pay from 1.10.1977 to 31.12.1980 had instituted C.R. No. 2134/1990, C.R. No. 2137/1990 and C.R. No. 2318/1990 in this Court praying for release of their seniority in service. These writ petitions were disposed of with a direction to the respondents to accord the graduate scale of pay to the writ petitioners therein w.e.f. 1.10.1997 with the observation that their relegation to the intermediate scale of pay would not effect their seniority. The petitioner has asserted that thereafter the petitioners in the aforementioned writ proceedings had been paid their arrear pay computed on the graduate scale for the aforementioned period and consequent upon their seniority so adjudged some of them are continuing as regular Headmasters of their respective schools. As in spite thereof, he was denied the arrear salary in the graduate scale of pay and seniority in service for the said period, he instituted C.R. No. 1342/2007 which was disposed of on 11.4.2007 with a direction to the State respondents to submit his case to the Committee constituted by the Government vide notification dated 22.8.2006 for scrutiny and a proper decision within a period of six months. Apart from some initial steps in this regard, the official respondents showed no inclination to pursue the process as ordered by this Court and instead contemplated to confer the charge of the office of the Headmaster to a junior teacher thereof. The petitioner, thus, approached this Court again with WP(C) No. 4154/2007 praying for a direction to them to decide the issue bearing on his arrear salary and seniority in service at par with the equally placed teachers who had been extended the necessary benefits in terms of the determination of this Court in C.R. No. 2137/ 1990 and others. This Court while issuing notice by order dated 17.1.2007 directed maintenance of the status quo with regard to the office of the Headmaster of the School.