ORDER

Date : 10-01-2020 Heard Mr. K. Uddin, learned counsel for the petitioner. Also heard Ms. N. Phukan, learned Standing Counsel, Education (Secondary) Department and Mr. S. D. Purkayastha, learned counsel for respondent No. 5.

2. In this petition, the petitioner has challenged the impugned order dated 15.06.2018, by which the respondent No. 5 has been made In-charge Principal of Sirajul Ali Higher Secondary School, Barjatrapur in Cachar District.

3. It is contended by learned counsel for the petitioner that the petitioner is senior to the respondent No. 5, which fact has also not been denied by the learned counsel for the respondent No. 5.

4. Learned counsel for the petitioner submits that while making In-charge arrangement, the seniority cannot be ignored.

5. However, it has been submitted by Mr. Purkayastha, learned counsel for respondent No. 5 that now the process for regular appointment to the post of Principal of the aforesaid Higher Secondary School is in active process for finalisation, and as such, it will not be disturbed since the arrangement already made in the month of June, 2018. Otherwise, it would cause administrative dislocation in the said School.

6. It is now well settled that while making In-charge arrangement seniority cannot be ignored and same can be done when there is germane reason to do so.

In the present case, apparently, except the fact that the process of regular promotion for appointment to the post of Principal has been already initiated, there is no other reason to deny In-charge authority to the petitioner being senior to the respondent No. 5.

However, considering the fact that regular appointment to the post of Principal had been already initiated and is likely to conclude soon, this Court directs the authorities to do the needful for filling up the post of Principal of the said Higher Secondary School within a period of 1 (one) month from the date of receipt of a certified copy of this order, failing which, the petitioner will be given the appointment as the In-charge Principal in place of the respondent No. 5, till such regular appointment to the post of Principal is issued.

6. With the above observation and direction, the present petition is allowed by directing the respondent authorities to do the needful. Accordingly, the impugned order dated 15.06.2018 will not become operative after one month from the date of receipt of a copy of this order as directed above.

JUDGE Comparing Assistant