IMPORTANT POINT
Seniority in service is determined by the date of regularization, not the initial appointment date, as per the applicable service rules.

JUDGMENT :

(N. Unni Krishnan Nair, J.) :

Heard Mr. B. Purkayastha, learned counsel for the petitioner. Also heard Mr. U. Sarma, learned standing counsel, Secondary Education Department, appearing on behalf of respondents No. 1 to 3; and Mr. D. Sarma, learned counsel, appearing on behalf of respondent No. 4.

2. The petitioner by way of instituting the present proceeding, has presented a challenge to an order, dated 07.11.2023, issued by the Director, Secondary Education Department, Assam, allowing the respondent No. 4, herein, to hold the charge of the post of Headmaster of Sankardev High School, Kamrup, along with financial power. The petitioner has also presented a challenge to an order, dated 28.02.2005, by which the services of the petitioner was so regularized with immediate effect with a further prayer that the same shall be so made from the date of her initial appointment.

3. The petitioner, herein, was initially appointed as a Science Graduate Teacher by the then District Elementary Education Officer (DEEO), Kamrup, vide order, dated 17.11.1993, and posted at Sankardev ME School, initially, for a period of 4 months. The said initial appointment of the petitioner was extended from time to time and subsequently, vide order, dated 30.08.1994, issued by the then District Elementary Education Officer (DEEO), Kamrup, such appointment was so extended until further orders.

4. The Sankardev ME School, wherein, the petitioner was so appointed, came to be amalgamated with Sankardev High School vide order, dated 22.09.1999 w.e.f. 07.09.1999. It is seen that subsequent to such amalgamation being effected; the services of the petitioner came to be so regularized with immediate effect by the Inspector of Schools, Kamrup District Circle, Guwahati, vide order, dated 28.02.2005.

5. The petitioner vide her representation, dated 22.03.2005, had prayed before the Inspector of Schools, Kamrup District Circle, Guwahati, that the regularization of her service made w.e.f. 28.02.2005, ought to be so made with effect from the date of her initial joining i.e. 26.11.1993. However, the said prayer of the petitioner was not considered.

6. It is seen that a vacancy so arising in the post of Headmaster in Sankardev High School, a proposal came to be so initiated for filling-up of the said post of Headmaster on in-charge basis. Accordingly, the names of the petitioner as well as the private respondent No. 4 came to be so forwarded by the jurisdictional Inspector of Schools to the Director, Secondary Education Department, Assam. In terms of the processing so made and also on a communication, dated 16.10.2023, issued by the Deputy Secretary to the Government of Assam, Department of School Education, directing for allowing the respondent No. 4, herein, to hold the charge of the post of Headmaster of Sankardev High School, Kamrup; the Director, Secondary Education Department, Assam, vide order, dated 07.11.2023, proceeded to allow the respondent No. 4 to hold the charge of the post of Headmaster of Sankardev High School, Kamrup, along with financial power.

7. Being aggrieved; the petitioner has instituted the present proceeding praying for reliefs as noticed hereinabove.

8. Mr. Purkayastha, learned counsel for the petitioner, has submitted that the petitioner, herein, with effect from the date of her initial appointment; was drawing her pay and allowances in the Graduate scale of pay and she continued to draw the same even after regularization of her service, so effected vide order, dated 28.02.2005.

9. Mr. Purkayastha, learned counsel, has further submitted that the petitioner being in continuous service with effect from the date of her initial appointment i.e. w.e.f. on 26.11.1993; the seniority of the petitioner ought to be so assigned by also reckoning the services so rendered by her before her service was regularized vide the order, dated 28.02.2005.

10. Mr. Purkayastha, learned counsel, by referring to the provisions of the Assam Secondary Education (Provincial