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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
ACHINTYA MALLA BUJOR BARUA, J.
Moinul Hoque S/o Late Dar Baksha Sheikh – Petitioner
Versus
The State of Assam and Others – Respondents
W.P. (C) No. 3392 of 2021
Decided On : 20-01-2022
School - Amalgamation - Petitioner who was science graduate teacher of M.E. School in district was promoted as Headmaster of M.E. School on being selected by District Level Selection Committee, as per order of Director of Elementary Education - In other words, we have to understand that on and onwards petitioner was Headmaster of M.E. School - Communication of the District Elementary Education Officer, requires Headmaster of M.E. School to handover assets both movable and immovable of M.E. School to the Headmaster of High School inasmuch as, M.E. School stood amalgamated with High School - Amalgamation admittedly is as per the office memorandum.
Finding of the Court:
Court direct the Director of Secondary Education, Assam to pass necessary order recognizing and designating petitioner as the Assistant Headmaster of school, so that the petitioner before his superannuation can avail the benefit of being the Assistant Headmaster of High School - Director of Secondary Education, Assam to pass a reasoned order on such claim - Learned counsel for respondents states that another writ petition W.P. is also instituted by present petitioner assailing findings of a disciplinary proceeding which was initiated against the petitioner - Claim of the petitioner to be recognized and designated as an Assistant Headmaster and consequence of such disciplinary proceeding are two separate issues and both are unconnected - But court also provide that any observation made in this order shall not in any manner have influenced in other writ petition being W.P.
Result: Writ Petition stands allowed
JUDGMENT :
ACHINTYA MALLA BUJOR BARUA, J.
1. Heard Mr. N. Ahmed, learned counsel for the petitioner. Also heard Mr. R. Mazumder, learned counsel for the respondents No. 1, 2, 3 and 4 being the authorities in the Secondary Education Department and Elementary Education Department of the Govt. of Assam.
2. The petitioner Moinul Hoque who was the science graduate teacher of Jogirmahal M.E. School in the Dhubri district was promoted as the Headmaster of Jogirmahal M.E. School on being selected by the District Level Selection Committee, Dhubri as per the order dated 20.01.2018 of the Director of Elementary Education, Assam. In other words, we have to understand that on and from 20.01.2018 onwards the petitioner was the Headmaster of Jogirmahal M.E. School.
3. The communication dated 30.01.2018 of the District Elementary Education Officer, Dhubri requires the Headmaster of Jogirmahal M.E. School to handover the assets both movable and immovable of the Jogirmahal M.E. School to the Headmaster of the Jogirmahal High School inasmuch as, Jogirmahal M.E. School stood amalgamated with Jogirmahal High School. The amalgamation admittedly is as per the office memorandum dated 22.09.2016. It is stated that upon the amalgamation, the petitioner was continued as a teacher of the amalgamated Jogirmahal High School. Clause-7 of the office memorandum dated 22.09.2016 under which the Jogirmahal M.E. School got amalgamated with the Jogirmahal High School provides as extracted under:
4. A reading of the Clause-7 of the office memorandum dated 22.09.2016 would go to show that upon the Jogirmahal M.E. School being amalgamated with the Jogirmahal High School, the Headmaster of the Jogirmahal M.E. School post amalgamation would be the Assistant Headmaster of the amalgamated Jogirmahal High School.
5. In view of Clause-7, the petitioner being the Headmaster of Jogirmahal M.E. School on being promoted by the order dated 20.01.2018 would have a legal right to be recognized and continued as the Assistant Headmaster of the amalgamated Jogirmahal High School post amalgamation.
6. This petition is instituted on the grievance that the writ petitioner is not being declared and recognized as the Assistant Headmaster of the amalgamated Jogirmahal High School and on the other hand he is continued in the status of a teacher in the amalgamated Jogirmahal High School.
7. It is stated that the petitioner would retire from service on 31.01.2022. Although notice was issued on 20.09.2021, no affidavit has been filed by the respondents in the Education Secondary and Elementary Department. By our earlier order dated 23.12.2021, we required the Education Department to provide the full information as regards the claim of the petitioner or else to file affidavit.
8. Considering the aspect that the petitioner would retire from service on 31.01.2022, we deem it appropriate that the matter requires an adjudication today itself. As the materials available on record are indicative enough and provide the Court with the complete information required to adjudicate the matter, we proceed with the adjudication and determine the claim of the petitioner as, as already noticed, the petitioner was the Headmaster of the Jogirmahal M.E. School which stood amalgamated with the Jogirmahal High School, and as per Clause-7 of the office memorandum dated 22.09.2016, the petitioner has a legal right to be recognized
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