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SANJAY KUMAR MEDHI
Ramesh Chandra Khakhlari S/o. Tabil Charan Baro – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
An order dated 08.04.2022 by which the respondent no. 6 has been given the charge of the post of Principal of Barghuli Nehru Higher Secondary School in the BTC is the subject matter of challenge in this petition instituted under Article 226 of the Constitution of India.
2. The fact projected in the petition is that the petitioner is a Madhyama (Bisharad) which, according to the petitioner, is equivalent to Graduation.
3. Vide an order dated 29.04.1994, the Inspector of Schools had appointed the petitioner as Senior Hindi Teacher in the KB Dewalkuchi HS School for a period of 3 months against a newly sanctioned post. The Head of Account for the related expenditure was also indicated in the said order. The emphasis is given on the scale of pay allotted to the petitioner which was stated to be Rs. 1375-3375/-per month which according to the petitioner, is Graduate Scale of Pay. The contention of the petitioner is that while his appointment was extended from time to time, vide an order dated 23.10.1998, he was adjusted in the present Barghuli Nehru Higher Secondary School where he continued to serve. On 05.03.2019, the petitioner was appointed as Assistant Headmaster. The petit
Seniority of teachers is determined from when they officially qualify as Graduate Teachers; retrospective regularization does not grant earlier seniority.
Seniority in service is determined by the date of regularization, not the initial appointment date, as per the applicable service rules.
Transfer stipulations in employment determine seniority rights and must be respected in disputes regarding promotions.
The appointment of public officials must adhere to the prescribed procedures and consider all eligible candidates, as per the relevant service rules.
The main legal point established in the judgment is that the fulfillment of eligibility criteria for appointment as Principal under the Rules of 2020 is crucial, and the authorities must adhere to th....
The 'year of recruitment' for determining age eligibility for a promotional post is the year in which the vacancy arises. Once eligibility is established, administrative allegations or disciplinary p....
The court established that for determining seniority post-provincialization, the date of birth is the determinable factor when prior service in a venture school is not considered.
Point of Law : Education Officer (Secondary) can exercise jurisdiction to determine any inter se dispute as regards seniority that has been referred to him under Rule 12(3) of the said Rules till suc....
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