Writ Petition (C) No. 2391/2013. Case: Faizur Rahman Vs The State of Assam and Ors.. Gawahati High Court

Case Number:Writ Petition (C) No. 2391/2013
Party Name:Faizur Rahman Vs The State of Assam and Ors.
Counsel:For Appellant: R. Ali and M.Z. Shah, Advs. and For Respondents: J.C. Gaur and U.K. Goswami, Advs.
Judges:Michael Zothankhuma, J.
Issue:Service Law
Judgement Date:May 28, 2015
Court:Gawahati High Court
 
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Judgment:

Michael Zothankhuma, J.

  1. Heard Mr. R. Ali counsel for the petitioner, who submits that the petitioner was appointed to the Agomoni Higher Secondary School on 27.10.1984 as Demonstrator and was given the Graduate Scale of Pay w.e.f. 29.10.1984 (date of joining) vide order dated 27.10.1984. The petitioner was given the Graduate Scale of Pay on the date of joining on the said post of Demonstrator. Thereafter, the petitioner was transferred and posted to PC Institution Higher Secondary School, Gauripur, vide letter dated 22.09.1989 and joined the new place of posting on 26.9.1989. The petitioner is still working in PC Institution Higher Secondary School w.e.f. 26.09.1989 till today.

  2. The respondent No. 4 was appointed as Subject Teacher vide order dated 17.07.1987 and she joined her post on 20.07.1987 at PC Institution Higher Secondary School.

  3. The petitioner in this case has challenged the order dated 22.12.2009 allowing the respondent No. 4 to hold the charge of in-Charge Principal of PC Institution Higher Secondary School on the ground that the respondent No. 4 is junior to him, as his service in the earlier school w.e.f. 29.10.1984 should be counted for the purpose of seniority.

  4. The counsel for the petitioner has submitted that the letter dated 30.09.2009 issued by the Under Secretary to the Government of Assam, Education Secondary Department, which is to the effect that "if the Demonstrators have been declared to be Assistant Teacher, their seniority as Assistant Teacher would have to be counted w.e.f. the date of coming into force of the Assam Secondary Education (Provincialization) Service Rule, 2003 and not from the date of joining as Demonstrator, when the said post was not treated to be that of Assistant Teacher (Graduate), but was separate category", having been set aside by order dated 06.10.2011 in WP (C) 4538/2009, the petitioner's seniority and service has to be counted w.e.f. 29.10.1984. The relevant portion of the order dated 06.10.2011 in WP (C) 4538/2009 is reproduced below:-

    "13. The result of the foregoing discussion is that this writ petition succeeds. The impugned letters dated 30-9-2009 and dated 5-10-2009 are accordingly quashed. Consequently, the respondent authorities are directed to count the past services rendered by the members of the petitioner-association in the posts of Demonstrators since the dates of their respective appointments to that post for the purpose of all service benefits including seniority and promotion vis-à-vis Graduate Teachers. Necessary and consequential orders to that effect shall be issued by the respondent authorities within a period of two months from the date of receipt of this judgment. No order as to costs."

  5. The counsel for the petitioner also submits that the impugned order dated 22.12.2009 allowing the respondent No. 4 to hold the current charge of Principal having been issued on the basis of the earlier practise of the Government vide letter dated 30.09.2009 issued by the Secretary to the Government of Assam, Education Secondary Department, which has been subsequently set aside by the order dated 06.10.2011 in WP (C) 4538/2009, the impugned order dated 22.12.2009 is also liable to be set aside. The...

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