SYED AHMED ALI @ SAYED AHMED ALI Vs. STATE OF ASSAM AND 5 ORS
LAWS(GAU)-2018-6-38
HIGH COURT OF GAUHATI
Decided on June 07,2018

Syed Ahmed Ali @ Sayed Ahmed Ali Appellant
VERSUS
State Of Assam And 5 Ors Respondents

JUDGEMENT

Michael Zothankhuma, J. - (1.) Heard Mr. U. K. Nair, Senior counsel, assisted by Mr. N. Hussain, counsel for the petitioner. Also heard Mr. N. Sarma, counsel for the respondent Nos. 1 to 5 and Mr. K. N. Choudhury, Senior counsel, assisted by Mr. R. Kotoki, counsel for the respondent No. 6.
(2.) The petitioner herein is aggrieved by the order dated 30.01.2018, by which the respondent No. 6 has been transferred to the petitioner's school as Headmaster. The petitioner's main challenge to the transfer order dated 30.01.2018 is that the school, in which the respondent No. 6 was the Headmaster, i.e., Hazipara MEM School, had been amalgamated with the Hazipara High School and as per the amalgamation scheme made by the Government, vide OM dated 22.09.2016, the respondent No. 6 became an employee of the Hazipara High School as Assistant Headmaster. The respondent No. 6, being an employee of the amalgamated High School, he could not have been transferred as Headmaster to the Bhowkamari Nabanoor M.E. School.
(3.) The petitioners' counsel submits that the employees of the Elementary school are governed by the Assam Elementary Education (Provincialization) Act, 1974 (hereinafter referred to as the "1974 Act", the Assam Elementary Education (Provincialization) Rules, 1977 (hereinafter referred to as the "1977 Rules") and the Assam Elementary Education (Provincialization) Service and Conduct Rules, 1981, while, the employees, working under the Secondary Schools/Institutions, are governed by the Assam Secondary Education (Provincialization) Act, 1977 and the Assam Secondary Education (Provincalized) Service Rules, 2003.;


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