DADHI KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The dispute between the petitioner Dadhi Kalita and Respondent No. 4 Pitambar Das(C.R. Nos 5781 & 6643/98) is with regard to claim of being selected as the Headmaster for MV Schools. Rule 5 of the Assam Elementary Education (Provincialisation) Services & Condition Rules, 1981 provides that the post of Headmaster and Head pundit of M.V. Schools is to be a promotional post and appointment in the said post is to be made on the basis of seniority cum efficiency on the recommendation of the Sub-Divisional Selection committee to be constituted by the Director of Education. The Notification dated 30th August, 1985 provides as follows :-

(2.) It is claimed by the Respondent No. 4 Pitambor Das that he is a selected person and in support of it, he places reliance in Annexure-1 to Misc case No. 1398/98, the certificate of the selection was given only by the Secretary, Nalbari District MV Schools Teachers Association. This certificate cannot be accepted to be genuine and valid. In that view of the matter, I remit back the entire matter to the Director of Elementary Education, Assam to find out whether the Respondent No. 4 Pitambor Das is duly selected as claimed by him. If respondent No. 4 is duly selected as claimed by him, pursuant to the notification quoted above and if that selection is still valid, he will have the right to be the Headmaster of the school. But if that is not the position the petitioner herein shall be allowed to continue as the Headmaster till the post is duly filled up by following the due process of law in as much as one a/d hoc employee or ad hoc arrangement cannot be replaced by another ad hoc employee, but that is what sought to be done in this particular case.

(3.) It is also the grievance of the petitioner Dadhi Ram Kalita that he has not been paid his salary since January, 1999. As the petitioner is working he is entitled to his salary. The authority shall do the needful to pay salary to him. The suspension orden of the petitioner dated 3.2.99 also shall stand quashed inasmuch as I donot find any valid ground to suspend the teacher on the ground mentioned in that order. It is submitted on behalf of the respondent No. 4 that he has been not paid his salary since the month of November, 1998,. The Authority shall take necessary steps to pay the salary to the Respondent No. 4. It is further submitted that the Respondent No. 4 having been released from the school now he is hanging in the air. The authority shall allow the respondent No. 4 to hold the post of Asstt teachers of the school till the decision taken by the Director of Education. The enquiry and decision shall be taken by the authority within a period of (two) 2 months. If necessary the authority may give necessary hearing to the parties. If on enquiry it is found that the petitioner Dadhi Kalita is to be allowed to continue as the Headmaster being duly selected, the authority shall also give the proper posting to respondent No. 4 according to his status and qualification. Necessary orders to that effect shall be passed by the authority to bring to end of the misery and pitiable condition of the matter.