B.K. Sharma, J.

1. By this writ application, the petitioner has challenged the order relating to re-fixation of seniority of the respondent No. 4 over him and consequently allowing the said respondent to hold the charge of Principal of the School in question with financial power under FR 49(C).

2. The basic facts leading to the filing of the instant writ petition are as follows:

3. The petitioner was initially appointed as Assistant Teacher on 10.8.1970 in the intermediate scale of pay. He was upgraded to the Graduate scale of pay w.e.f. 1.9.1973 as an apprentice teacher on a stipendiary post under Half-a-Million Job Programme by an order dated 1.3.1974. On 14.1.1975, the Government of Assam in the Education Department sanctioned creation of 1000 posts of Graduate teacher w.e.f. 1.1.1975 for absorption of 1000 Graduate Stipendiary Teachers under the said programme. Pursuant thereto the services of the writ petitioner was absorbed in the Graduate Cadre by an order dated 3.2.1975. Thereafter, the services of the writ petitioner was confirmed against the post held by him by an order dated 24.9.1977.

4. On the other hand the respondent No. 4 was initially appointed as Assistant