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2010 Supreme(Gau) 663

AMITAVA ROY
Julhash Ali, Assistant Teacher – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
U.K.Goswami, S.K.Deori, R.Islam, A.M.Mazumdar, A.M.Buzarbaruah

The determination of interse seniority between the petitioner, respondent No. 4 and respondent No. 5 and the arrangement whereunder the respondent No. 4 has been allowed to hold the charge of the office of the Headmistress of the Uttar Barpeta High School, Barpeta (for short hereafter referred to as the School), is the subject matter of scrutiny in the instant proceeding. The order impugned is dated 11.05.2009, passed by the Director of Secondary Education, Assam, Kahilipara.

2. I have heard Mr. AM Mazumdar, Senior Advocate assisted by Mr. R Islam, Advocate for the petitioner, Mr. UK Goswami, learned Standing Counsel, Education Department, Assam and Mr. AM Buzarbaruah, learned counsel for the respondent Nos. 4 & 5. 02. A. The recorded facts need be outlined in brief. The petitioner, respondent No. 4 and the respondent No. 5 had joined the School on 19.02.1973, 19.01.1976 and 22.05.1978 respectively. Whereas, at the time of joining, the respondent Nos. 4 & 5 were graduates, the petitioner was an intermediate. He passed the B.Sc. Examination in the year 1979. He, thereafter, acquired B.Ed. degree. The School was provincialized w.e.f. 01.01.1984. Consequently the petitioner, the respon












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