JAHANARA BEGUM Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. P.J. Saikia, learned counsel for the petitioner. Also heard Mr. J. Abedin, learned standing counsel, Education Department, appearing for respondent Nos.1--3; Mr. J. Handique, learned counsel appearing for respondent No.4 and Ms. U. Das, learned counsel appearing for respondent No.5.

(2.) In this petition, the petitioner is challenging the impugned order dated 19.08.2014, by which the authorities rejected the claim of the petitioner for interfering with the provincialisation of the respondent No.5 as to the post of Assistant Teacher in Barbari Railway High School. The single focal point of assailment of the impugned order is that the authorities had totally ignored the fact that the petitioner was senior to the respondent No.5 when the provincialisation took place and since provincialisation ought to have been based on the seniority of the employee concerned, the petitioner has been made to suffer. It is claimed that the petitioner initially joined service as Assistant Teacher on 30.12.1985. However, after serving for about 7 years because of certain illness, the petitioner could not attend the school and accordingly, submitted her leave application, which was duly forwarded by the Headmaster of the school to the Managing Committee.

(3.) Learned counsel for the Headmaster has, however, submitted based on record that the leave application submitted by the petitioner was never placed before the Selection Committee, though it was supposed to be placed.