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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
MICHAEL ZOTHANKHUMA, KAUSHIK GOSWAMI
Hemen Chandra Das, S/o Sri Khargeshwar Das – Appellant
Versus
Ramesh Chandra Khakhlari, S/o. Tabil Charan Baro – Respondent
JUDGMENT :
M. Zothankhuma, J.
Heard Mr. P. Mahanta, learned counsel for the appellant. Also heard Mr. R.P. Sharma, learned Sr. Counsel for the respondent No.1 assisted by Ms. A. Deka and Ms. R. Baruah, learned counsel for the respondent Nos.2 & 3. Ms. B. Bhuyan, learned Standing Counsel, BTC appears for respondent Nos.4 & 5. No one appears for the respondent No.6, even though notice had been served through dasti service.
2. The issue to be decided is whether the appellant or the respondent No.1 should be made the In-charge Principal of Barghuli Nehru Higher Secondary School. The learned Single Judge, vide the impugned judgment and order dated 16.05.2024 passed in WP(C) 2809/2022, directed that the respondent No.1 should be made the In-charge Principal of the said school, in view of the fact that the respondent No.1 joined as a Senior Hindi Teacher on being appointed on 29.04.1994 in the Graduate Scale of Pay. On the other hand, the appellant had been substantively appointed as an Assistant Graduate Teacher on 06.05.1996.
3. The learned counsel for the appellant submits that prior to the respondent No.1 joining the Barghuli Nehru Higher Secondary School on 28.10.1998 on the basis of the
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.
The court upheld the Single Judge's decision, emphasizing the importance of seniority and misconduct in determining appointment validity under established legal principles.
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.
Seniority among teachers is determined by the date of acquiring training qualifications, not merely by the date of appointment.
Seniority among teachers is determined by the date of substantive appointment and possession of requisite qualifications at that time, with untrained teachers not equating their service with trained ....
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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