Subject matter of WP(C) Nos. 3854/2014 and 4184/2014 being inter-related, the two writ petitions were heard together on 29.05.2015 and are being disposed of today by this common order.

2. Heard Mr. H. Sarma, learned counsel for the petitioner in WP(C) No. 3854/2014 and Mr. K. K. Mahanta, learned Sr. Counsel for the petitioner in WP(C) No. 4184/2014. Also heard Mr. S. Saikia, learned Standing Counsel, Education (Secondary) Department.

3. Sri Premeswar Thakuria, petitioner in WP(C) No. 3854 of 2014 had joined the Dhing Public High School (School) in the district of Nagaon as Assistant Teacher on 22.10.1998. He has the qualification of MA, BEd. eligible to hold the post of Head Master as well as Assistant Head Master in the High Schools of the State. Pursuant to an advertisement dated 02.11.2010, a select list was published of all teachers eligible to be appointed as Head Master and Assistant Head Master of High School. In respect of the school, Sri Paramesh Prasad Bharali and Sri Arun Debnath were placed at first and second position for the post of Head Master. Petitioner was placed in the third position. However, for the post of Assistant Head Master, Sri Arun Debnath was placed in the first position followed by the petitioner in the second position.

4. Sri Paramesh Prasad Bharali was the in-charge Head Master of the school. On his superannuation, Sri Arun Debnath was made the in-charge Head Master. Thereafter, he was appointed as the regular Head Master of the school. By order dated 03.02.2012 issued by the Director of Secondary Education, Assam, Sri Premeswar Thakuria was promoted to the post of Assistant Head Master of the school.

5. Sri Arun Debnath retired from service on attaining the age of superannuation on 31.03.2013. Thereafter, Director of Secondary Education, Assam issued an order dated 04.04.2013 allowing Sri Premeswar Thakuria to hold charge of the office of Head Master of the school in addition to his own duties of Assistant Head Master. Sri Thakuria was given financial power to draw and disburse salary of the staff of the school under FR 49C.

6. According to the petitioner, the post of Head Master is lying vacant which he is holding on in-charge basis. He was selected for the post of Head Master. The two persons above him in the select list have retired. Therefore, he should now be given regular appointment to the post of Head Master. Referring to an order of this Court dated 05.03.2014 passed in WP(C) No. 6781/2013 (Mahiruddin Ahmed Vs. State of Assam & Ors.) in which this Court directed the authorities in the Education Department to promote the in-charge Head Master as regular Head Master, the present petition has been filed seeking a direction to the respondents to promote Sri Premeswar Thakuria as regular Head Master of the school.

7. This Court by order dated 13.08.2014 had issued notice and directed that status quo as regards office of Head Master of the school as on 13.08.2014 should be maintained.

8. Respondent No. 2 i.e. Director of Secondary Education, Assam has filed affidavit in response to the writ petition in WP(C) No. 3854/2014. It is stated that after the retirement of Sri Arun Debnath on 31.03.2013, petitioner, an MA, BEd., Assistant Head Master of the school was allowed to hold charge of Head Master of the school on purely temporary basis. Thereafter Md. Nurul Islam, MA, Assistant Teacher of the school produced BEd. certificate. Md. Nurul Islam was admittedly senior in service to Sri Premeswar Thakuria. Nurul Islam had received graduate scale of pay on 30.12.1993 whereas Sri Premeswar Thakuria had received graduate scale of pay w.e.f. 22.10.1998. Since Md. Nurul Islam is senior to Sri Premeswar Thakuria and in the meanwhile he had attained eligibility to hold the post of Head Master, Director of Secondary Education passed an order dated 31.07.2014 allowing Md. Nurul Islam to hold the charge of the office of Head Master of the school with financial powers. It is further st