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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
N.UNNI KRISHNAN NAIR
Sanjoy Kumar Talukdar S/O- Late Dhiren Talukdar – Appellant
Versus
State Of Assam – Respondent
| Table of Content |
|---|
| 1. claim for principal position eligibility. (Para 2 , 3) |
| 2. discussion on seniority claims based on transfer stipulation. (Para 4 , 5) |
| 3. arguments regarding recognition of prior service for seniority. (Para 6 , 8) |
| 4. arguments regarding seniority claims in light of established service norms. (Para 10) |
| 5. court's observations on the binding nature of transfer conditions for seniority. (Para 11) |
| 6. court's reasoning on seniority based on transfer conditions. (Para 12 , 13 , 14 , 15 , 16) |
| 7. final judgment on principal appointment based on seniority. (Para 17 , 18 , 19) |
| 8. court's directive and conclusion on the petitions. (Para 21 , 22) |
JUDGMENT :
N. UNNI KRISHNAN NAIR, J.
Heard Mr. S. Hoque, learned counsel for the petitioner in WP(C).No.6213/2024 and Mr. K. Bhuyan, learned counsel for the petitioner in WP(C)/4903/2024 and respondent no.5 in WP(C)/6213/ 2024. Also heard Mr. U. Sharma, learned Standing Counsel, Secondary Education Department, appearing for the State Respondents in the above noted 2(two) writ petitions, and Mr. D.K. Roy, learned counsel appearing for respondent no.6 in WP(C)/ 6213/2024.
2. The petitioners in the above noted 2(two) writ petitions have staked a c
Transfer stipulations in employment determine seniority rights and must be respected in disputes regarding promotions.
Seniority of teachers is determined from when they officially qualify as Graduate Teachers; retrospective regularization does not grant earlier seniority.
Promotion to Principal of Higher Secondary School requires first considering senior-most Headmaster from Secondary Schools under common management per next below category rule, superseding Grade-I Te....
In school service under the relevant education rules, seniority in the teacher cadre is determined by the date of initial appointment to the junior teacher position, as this is not a promotional post....
The main legal point established in the judgment is that voluntary departmental transfer may result in the forfeiture of seniority in the previous department, and the seniority in the new department ....
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.
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....
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