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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
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 claim for holding of the charge of the post of Principal of Bhawanipur Higher Secondary School. The petitioners in both the above noted writ petitions have projected that they having possessed the requisite eligibility criteria for promotion to the post of Principal of a provincialised Higher Secondary School, on regular basis, considering their respective seniority, they are eligible to hold the post of Principal of the school in question on in-charge basis.
3. The facts in brief, requisite for adjudication of the issue arising in the above 2(two) writ petitions is noticed as under;
WP(C).No. 6213/2024
The petitioner, herein, Sanjoy Kumar Talukdar
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.
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 appointment of public officials must adhere to the prescribed procedures and consider all eligible candidates, as per the relevant service rules.
Eligibility for In-Charge Principal must adhere to established rules, prioritizing seniority and qualifications of teachers.
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