The main legal point established in the judgment is the determination of seniority based on the date of joining and receipt of graduate scale, as per the Assam Secondary Education (Provincialised) Service Rules, 2003 and Rules of 1982.

B.K. Sharma, J.

1. The dispute raised in the writ petition relates to seniority between the petitioner and the respondent No. 4 and the consequential claim for charge of Principal of the school in question.

2. The petitioner was first appointed on 20.5.1973, as Assistant Teacher of Tulsibari M.E. School by the Managing Committee of the school. Subsequently his service was regularized with effect from 20.5.1973. The school was provincialised with effect from 1.3.1978 and the petitioner was appointed as the Headmaster of the school for a period of three months by an order dated 19.10.1979 issued by the Deputy Inspector of Schools, Rangia. Thereafter he was allowed to act as Headmaster by subsequent orders issued from time to time extending his services. Eventually by Annexure-C order dated 21.1.1980 his services as Headmaster was extended until further order.

3. As against the aforesaid position of the petitioner, the respondent No. 4 was first appointed on 20.12.1972 as Assistant Teacher of a High School called Borghuli Neheru High School, which was subsequently provincialised with effect from 1.10.1977. The respondent No. 4 was transferred to the school called Tulsibari Bahumukhi High School by order dated 2.2.1993 issued by the Inspector of Schools, Rangia on the basis of the request made by him. He was so transferred against a newly sanctioned vacant post of Science Graduate Teacher. In the order of transfer it was indicated that such transfer was on own request of the respondent No. 4 and that no TA and DA would be admissible for the purpose.

4. The respective schools in which of both the incumbents had been working i.e. Tulsibari M.E. School and Tulsibari Bahumukhi H.S. School were amalgamated by Annexure-F order dated 14.9.2005. As per the terms and conditions of such amalgamation, all the qualified staff of M.E. School serving against duly sanctioned posts were to be absorbed in the amalgamated High School with effect from the date of amalgamation with their respective pay and prospect, but with amalgamated seniority list. After the amalgamation of the schools to one entity, it came to be known as Tulsibari Bahumukhi H.S. School. By Annexure-G letter dated 21.12.2005 the Inspector of Schools intimated the Principal of the school regarding the resultant conditions of the amalgamation. In the letter, the teaching and non-teaching staff of the amalgamated school were also indicated. While the petitioner was included at serial No. 3 with the designation as Vice-principal i/c with date of joining as 20.5.1973, the respondent No. 4 was included at serial No. 19 with date of joining as 1.1.1973. Both the incumbents were shown to be in the pay' scale of Rs. 3580-8750/-.

5. Placing reliance on the Annexure-H guidelines dated 30.8.2001, it is the case of the petitioner that the respondent No. 4 upon his transfer to the present school from his earlier school by the aforesaid order dated 2.2.1993 (Annexure-E) would count his seniority in the present school with effect from the date of joining the school. In other words the said respondent cannot count his past service for seniority. Taking this date of joining in the new school by the respondent No. 4, it is the case of the petitioner that he is senior to the said respondent.

6. With the retirement of the incumbent holding the charge of Principal of the school with effect from 28.2.2006 and upon his release, the petitioner was handed over the charge by the said incumbent describing him as the seniormost teacher of the amalgamated school. The petitioner in turn intimated the Inspector of Schools about his taking over of the charge of Principal from the outgoing incumbent. Thereafter, formal order dated 27.3.2006 was passed by the Director of Secondary Education, Assam allowing the petitioner to hold charge of Principal in addition to his normal duties as Assistant Teacher under FR49(c).

7. The respondent No. 4 in the meantime, moved this Court by filing the writ petition being WP(C)