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Gauhati High Court · body

2017 DIGILAW 714 (GAU)

Satish Kakati v. State of Assam

2017-06-02

ACHINTYA MALLA BUJOR BARUA

body2017
JUDGMENT & ORDER : Heard Mr. H. Das, learned counsel for the petitioner. Also heard Mr. N. Sarma, learned standing counsel for the Secondary Education Department. 2. The petitioner upon acquiring his two Masters Degree in Assamese from Gauhati University in the year 1989, was appointed as a subject teacher in Assamese in the newly created Commerce Stream of the Rangiya Higher Secondary School as per the resolution of the Managing Committee dated 16.02.1991 and accordingly, an appointment letter dated 16.02.1991 was issued to the petitioner. The petitioner by showing great respect to the decision of the school Managing Committee accepted the letter and accordingly, joined in the Commerce Stream as the only subject teacher in Assamese. 3. In the statement of particulars submitted by the respondent No.4 before the Director of Secondary Education, Assam, the petitioner is shown as the 2nd senior most subject teacher. The respondent authorities had issued an advertisement dated 08.02.2003 for filling up of some posts of Post Graduate in different provincialised schools of Assam. The petitioner participated against such selection procedure and after interview, he was appointed as Post Graduate teacher in the department of Assamese in Amranga Barihat H.S. School. But is stated that the post of Post Graduate teacher in the earlier school of the petitioner being Rangiya H.S. School in the Assamese department is still lying vacant and as the petitioner is a resident of Rangiya, his family members desire that the petitioner be transferred to the Rangiya H.S. School instead of being required to serve in Amranga Barihat H.S. School, where he was regularly appointed. Accordingly, the wife of the petitioner had submitted a petition before the Director of Secondary Education, Assam with a request that the petitioner be transferred to the vacant post of Post Graduate teacher in Assamese department in Rangiya H.S. School, Rangiya. Accordingly, the Director by the letter dated 30.08.2013 addressed to the Commissioner & Secretary to the Govt. of Assam Secondary Education Department had forwarded the petition of the wife of the petitioner along with the proposal of the Inspector of School of Amingaon by which, the transfer of the petitioner was recommended. 4. It is the case of the petitioner that the petitioner would be satisfied, if a direction is issued to the Commissioner & Secretary to the Govt. 4. It is the case of the petitioner that the petitioner would be satisfied, if a direction is issued to the Commissioner & Secretary to the Govt. of Assam in the Secondary Education Department to consider and pass appropriate order in the aforesaid petition of the wife of the petitioner as forwarded by the Director of Secondary Education in the letter dated 30.08.2013, by which a request had been made to transfer the petitioner from Amranga Barihat H.S. School to Rangiya H.S. School. Learned state counsel also agrees to such limited prayer of the petitioner. 5. Accordingly, this writ petition stands disposed of with a direction to the Commissioner & Secretary to the Govt. of Assam that the petition of the wife of the petitioner requesting for transfer of the petitioner from Amranga Barihat H.S. School to Rangiya H.S. School as forwarded by the Director of Secondary Education in the letter dated 30.08.2013 along with the proposal and recommendation of the Inspector of School Amingaon be given its due consideration. It is provided that upon considering the said prayer of the wife of the petitioner, the Commissioner & Secretary shall pass appropriate speaking order. The aforesaid exercise shall be completed within a period of 3 (three) months from the date of receipt of a certified copy of this order. Interim order, if any, passed earlier stands vacated.