BHAGIRATHI SALOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) After hearing Mr M.K. Choudhury, learned counsel for the petitioner, Mr A.R. Banerjee learned Govt. Advocate, Assam and Mr G.E Bhattacharyya, learned counsel for the respondent No. 5 at some length and on perusal of this Court's orders dated 2.3.98 and 11.3.98 and also the relevant Rules of Assam Secondary Education (Provincialised.) Service (Amendment) Rules, 1991, particularly Rule 9 of the said Rules, it seems to me that there is no serious dispute between the petitioner and respondent No. 5 which should be resolved by this Court, inasmuch as, respondent No. 5, as of now, is Principal-in- Charge of Panbazar Girls Higher Secondary School. It may be stated that earlier also respondent No. 5 was Vice Principal-in- Charge of the said School.

(2.) In view of this Court's order passed in Civil Rule Nos. 344/92 and 1529/93 on 7.7.95 the post of Principal of the said school or for that matter all the Higher Secondary Schools have not been filled up on regular basis. The main claim of the writ petitioner is that the post of Vice Principal is a promotional post and the same be filled up by promotion school- wise on seniority basis from the Graduate Teachers having 10 years continuous teaching experience. The learned counsel for the petitioner contends that the petitioner fulfils the conditions laid down for the purpose of promotion to the post of Vice Principal which is a Grade II post under the Education Department. Since respondent No. 5 is already working as Principal-in-Charge of the School in question, in my view, the post of Vice Principal should be deemed to be lying vacant. If that is so, there is no reason why the post of Vice Principal should be kept unfilled. However, this aspect of the matter is entirely at the disposal of the competent authority.

(3.) It seems clear to me that for the purpose of filling up the post of Vice Principal, the cases of Graduate Teachers school-wise on seniority basis should be considered. In other words the post of Vice Principal should be filled up by promotion school-wise on seniority basis from the Graduate Teachers having requisite qualifications. It is stated that the writ petitioner is on the verge of retirement and, in fact, she is going to retire sometime in February, 2000. In such a situation, it would only be fair and reasonable that the competent authority should consider the case of the petitioner for promotion to the post of Vice Principal of Panbazar Higher Secondary School so that she may retire with satisfaction and peace of mind. The competent authority shall carry out this order within a period of not later than 3 months from the date of receipt of this order.