FAZLUL HAQUE BARBHUYAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE petitioner presently serving as Assamese Language Teacher in the school called Popular M. E. School in the district of Cachar is aggrieved by Annexure 7 order dated 27. 08. 04 by which the respondent No. 4 was promoted to the post of headmaster of the said school. In the order of promotion, the respondent No. 4 has been shown as duly selected and approved candidate.

(2.) THE petitioner was first appointed by the managing committee of the school on 25. 02. 77. On the other hand, the respondent No. 4 was appointed by the managing committee in the school on 20. 10. 83. However, such appointments were prior to provincialisation of the school.

(3.) THE school was provincialised w. e. f. 01. 01. 84 by Annexure-4 order dated 15. 03. 84. In the order five posts were shown to be in the category of general intermediate. According to the petitioner one post out of five was meant for him. Even otherwise also it is the case of the petitioner that by virtue of annexure-3 order dated 19. 01. 83 the petitioner was already holding the post in the category of general intermediate. Annexure -3 order dated 19. 01. 83 is quoted below: