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2012 Supreme(Gau) 161

GAUHATI HIGH COURT
I.A.Ansari, J.
Dharmendra Patowary -Appellant
Versus
State of Assam and Ors. -Resopndent
WP(C) No.6837 of 2010
Decided On : 07-02-2012

Advocates Appeared:
Mr. B.N. Sharma for the petitioner.
Mr. A.D. Choudhury , Mr. U.K. Nair for the respondents.

Headnote:

Assam Secondary Education (Provincialised) Service Rules, 2003 - Rules 2(n),14(3), 14(4), and 24 - Constitution of India,1950 - Article 226 - For determining question as to whether an administrative action shall or shall not be interfered with on ground of violation of principles of natural justice - Held, Bearing in mind above principle when Court turn to facts of present case it becomes more than abundantly clear that even in list which Headmaster of on verge of his retirement sent to Inspector of Schools he had clearly noted private respondent as senior to writ petitioner - Writ petition dismissed.

1. Misunderstanding of the law or deliberate mischief has brought the petitioner to this court seeking, with the help of this writ petition, made under article 226 of the Constitution of India, various directions from this court. Though attempted to be made complicated, the admitted facts, relevant for the purpose of disposal of the present writ petition, may, in brief, be set out as under :

(i) The respondent No.5 herein, namely, Sri Gopeswar Bharali, ('the private respondent'), a graduate, initially, joined as an Assistant Teacher, in Barghopa High School, on 1.11.1984. The said school came to be provincialised in the year 1991 in terms of Assam Secondary Education Provincialisation Act, 1982, and along with the provincialisation of the school, the service of the 'private respondent' was also provincialised and the 'private respondent' acquired his B.Ed Degree in the year 1993. In course of time, the 'private respondent' came, on transfer, to Byaskuchi High School, as an Assistant Teacher, on 17.8.2000. Thus, appointed on 1.11.1984 as an Assistant Teacher, the 'private respondent', on transfer, from Barghopa High School to Byaskuchi High School, joined on 17.8.2000.

(ii) The writ petitioner, on the other hand, though graduate, was appointed as an Assistant Teacher in Barbhitha Khangra ME School on 5.3.1992 and came, on transfer, to Byaskuchi M.E. School on 19.9.1992.

(iii) While the writ petitioner had been working as an Assistant Teacher in Barbhitha Khangra ME School and the 'private respondent' had been working as an Assistant Teacher in Byaskuchi High School, both the schools, being situated in the same compound, came to be amalgamated on 15.3.2001 and with effect from 15.3.2001, the writ petitioner as well as the 'private respondent' became Assistant Teachers of Byaskuchi High School.

(iv) When the vacancy, in the post of Headmaster of the said High School, arose, on 31.12.2010, on superannuation of its incumbent, the question of appointment of the senior most teacher as in-charge for the office of the Headmaster of Byaskuchi High School confronted the administration. Before his retirement on superannuation, the Headmaster of the said school, however, sent to the State respondents/authorities concerned a list of teaching and non-teaching staff of the said school, wherein the writ petitioner's date of joining the school was shown as 7.3.1992; whereas the date of joining of the 'private respondent was shown as 1.11.1984.

(v) Thus, the private respondent was, in terms of the date of joining, shown as senior to the writ petitioner. However, in the list, so forwarded to the State respondents/authorities concerned by the said Headmaster, the present petitioner was placed in the fourth position; whereas the 'private respondent' was placed at the seventh position in the said list.

(vi) Acting upon the list, so provided by the ongoing headmaster, the Inspector of Schools, Barpeta District Circle, forwarded the said list to the Director of Secondary Education, Assam, for allowing the senior-most teacher to look after the academic side of the school for smooth functioning of the classes. The Deputy Director, in turn, issued a letter, dated 8.4.2010, addressed to the Inspector of Schools, Assam, wherein he enlisted three teachers of the said school in their order of seniority as understood by him. The seniority, so depicted, read, 1. Sri Dharmendra Patowary, Asstt. Teacher - 1st, (2) Sri Gunindra Kr. Das, Asstt. Teacher - 2nd, (3) Sri Manoj Kr. Talukdar, Asstt. Teacher - 3rd. This was followed by order, dated 27.4.2010, issued by the Inspector of Schools, allowing the present petitioner, Dharmendra Patowary, to look after the academic side of the school treating him as the senior-most teacher of the school.

(vii) Aggrieved by the above action of the State respondents aforementioned, the 'private respondent' made a representation to the Commissioner and Secretary to the Government of Assam expressing his grievances that though he was senio




















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