The main legal point established is that eligibility for promotion to the post of Headmaster is determined by the Assam Secondary Education (Provincialised Schools) Service Rules 2018, and allegations against an employee must be substantiated through a departmental proceeding before denying promotion.

JUDGMENT :

Heard Mr. B. Islam, learned counsel for the petitioner.

Also heard Ms. D. Mushahary, learned standing counsel, Secondary Education Department and Mr. G. Pegu, learned junior Government Advocate for the respondent no. 4.

None has appeared for the respondents no. 6 & 7.

3. The petitioner, by way of filing the present writ petition has placed his grievance with regard to an order dated 21.06.2021, issued by the Director, Secondary Education, Assam, by which the respondent no. 7 was promoted as the Regular Headmaster of Pahumara High School.

4. The petitioner as projected in the writ petition had joined on 01.01.1994 as Graduate Teacher in Pahumara High School and has been receiving his pay and allowances in the graduate scale of pay from the date of his initial joining. The petitioner was allowed to hold the charge of the post of Headmaster of Pahumara High School vide an order dated 09.03.2017 along with financial power to draw and disburse the salary of the staffs of the school. It is contended by the petitioner that vide an order dated 12.09.2017; Pahumara L.P. School and Pahumara M.E. School was amalgamated with Pahumara High School. The respondent no. 7 herein, at the time of amalgamation of the school was serving as the Headmaster of Pahumara M.E. School. It is the contention of the petitioner that the respondent no. 7 is junior to him inasmuch as in the amalgamated list of teachers prepared after amalgamation of the schools, the name of the respondent no. 7 is placed below him. The petitioner further contends that the case of the respondent no. 7 for promotion in the post of Headmaster of the school could not have been considered in view of the fact that there is a complaint of misappropriation of government funds by the respondent no. 7 while he was serving as the Headmaster of Pahumara M.E. School. Basing on the said two grounds, the order dated 21.06.2021, issued by the Director, Secondary Education, Assam, has been put to challenge in the present writ proceeding.

5. The learned counsel for the petitioner by reiterating the facts noted herein above has submitted that the respondent no. 7, admittedly, being junior to him and also there being allegations existing against him with regard to misappropriation of government funds, the respondent no. 7 could not have been considered for promotion to the post of Headmaster of the Pahumara High School.

6. The respondent no. 7 by way of filing an affidavit has contended that he was appointed as a Graduate Teacher in the Kalakhowa M.E. School on 01.01.1992 and thereafter transferred to Pahumara M.E. School, where he joined on 01.01.2015. The respondent no. 7 has also contended in his affidavit that he had drawn his graduate scale of pay with effect from 01.01.1992 and as such he is senior to the petitioner herein. With regard to the allegation of misappropriation of the government funds, it was the stand of the respondent no. 7 that the said allegation came to be leveled against him only on account of the fact that one Utilization Certificate issued by the Member Secretary School Management Committee (SMC) and the report of the Junior Engineer involved in the work were not brought on record. However, the Utilization Certificate was thereafter issued and therein the total amount received has been certified to have been utilized in the work in question. As such, he contends that the allegation leveled by the petitioner is without any basis.

7. The respondent no. 7 had further contended in his affidavit that no proceeding was initiated at any point of time against him with regard to the allegation leveled by the petitioner in the writ petition.

8. I have heard the learned counsel appearing for the parties and perused the materials available on record.

9. The challenge of the petitioner to the order dated 21.06.2021, is twofold. Firstly, the challenge is presented on the ground that the respondent no. 7 is junior to him in the cadre of Graduate Teacher in Pahumara High Scho