ATUL CH Vs. STATE OF ASSAM
LAWS(GAU)-2018-1-32
HIGH COURT OF GAUHATI
Decided on January 11,2018

Atul Ch Appellant
VERSUS
STATE OF ASSAM Respondents

JUDGEMENT

Achintya Malla Bujor Barua, J. - (1.) Heard Mr. K.K. Mahanta, learned senior counsel for the petitioners and Mr. N. Sarma, learned Standing Counsel for the Secondary Education Department. None appears for the respondent No.4, when the matter is called upon. However, considering the nature of the order that is proposed to be passed, interest of justice would also be served, if in the resultant consideration, the said respondent No.4 is given a hearing by the Director.
(2.) The petitioners being 08(eight) in numbers, assail the order dated 27.07.1999 of the Director of Secondary Education, Assam, by which the seniority of the respondent No.4 in the concerned school had been determined. Although the order of 23.06.2011 had also been assailed in the writ petition, but the learned senior counsel for the petitioner in his submission, for the time being, contends that the consequential benefits of assailing the order of 27.07.1999 would also cover the correctness of the said order.
(3.) The petitioner No.1 was served as an Assistant Teacher in Rangapara Bengali High School and had received the graduate scale of pay w.e.f.20.08.1983. Similarly, the petitioner No.2 received the graduate scale of pay from 20.08.1983. The petitioner No.3 received the graduate scale of pay from 30.12.1993 and the petitioner Nos. 5, 6, 7 and 8 respectively from 30.12.1993 in the same school. The respondent No.4, on the other hand, was initially appointed in the Rangapara Bengali High School for a period of four months on the recommendation of the District Selection Board as graduate/ intermediate teacher in the scale of pay of Rs.1185-375-1183-2395 p.m. It is stated that the said scale of pay is applicable in respect of intermediate teacher and therefore, it is to be construed that by the order of 25.03.1992, the respondent No.4 was appointed as an Intermediate Assistant Teacher.;


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