Research › Search › Judgment

Gauhati High Court · body

2017 DIGILAW 388 (GAU)

Saifuddin Ahmed v. State of Assam, represented by the Commissioner and Secretary, Elementary Education Department

2017-03-28

AJIT SINGH, MANOJIT BHUYAN

body2017
JUDGMENT AND ORDER : Ajit Singh, J. This writ appeal is directed against the order dated 9.12.2015 passed by the learned Single Judge of this High Court whereby he while issuing notices to the respondents in appellant’s WP(C) No.7490/2015 has rejected the prayer for interim relief. 2. According to the appellant, he was appointed as Assistant Teacher on 29.6.1983, whereas Respondent No.6 was appointed on 15.6.1986. 3. Since the regular Headmaster of Boralimari Middle English School superannuated, the appellant was made In-charge Headmaster of that School w.e.f. 1.8.2015 to 31.1.2016 or till joining of the regular Headmaster, whichever was earlier. And vide order dated 26.11.2015, Respondent No.6, who was an Assistant Teacher of Jangoni Kaladuba Middle English School, was promoted as Headmaster of Boralimari Middle English School. Aggrieved, the appellant filed WP(C) 7490/2015 on the ground that Respondent No.6, being much junior to him, could not have been promoted as Headmaster in that School as the Rules provide that promotion to the post of Headmaster is made on the basis of seniority. The learned Single Judge while issuing notices to the respondents vide order dated 9.12.2015 rejected the appellant’s prayer for interim relief. The appellant, therefore, has filed the present appeal. 4. A Division Bench of this Court, vide order dated 16.12.2015, not only stayed order dated 26.11.2015 passed by Respondent No.2 allowing Respondent No.6 to hold the charge of Headmaster of Boralimari Middle English School, but also directed that appellant be allowed to hold the charge of Headmaster of that School. In the result, the appellant is continuing as Headmaster of the School since August, 2015. 5. We, therefore, instead of going into the merits of the case, deem it proper to finally dispose of this appeal with a request to the learned Single Judge to decide the pending writ petition on an early date, if possible, within 2 (two) months from today. Till the final decision of the writ petition, the appellant will be allowed to function as Headmaster of the School, in question. Registry shall list the writ petition for its early hearing. 6. With the above observation and direction, the writ appeal is finally disposed of.