Decided on December 17,2018

Md Nazrul Hoque Appellant
STATE OF ASSAM Respondents


SANJAY KUMAR MEDHI,J. - (1.) Heard Mr. M. Dutta, learned Counsel for the petitioner. Also heard Mr. N. Sarma, learned Standing Counsel appearing on behalf of the Elementary Education Department and Sri D.K. Das, learned Senior Counsel for the Respondent No.5 assisted by Ms. P. Deon.
(2.) Considering the fact of this matter is pending since the year 2015 and also the submission that within a few days the petitioner would retire from his service, the writ petition is taken-up for disposal at the admission stage.
(3.) The case of the petitioner is that he is senior most teacher of the Bhojkhowa Sirajia M.E. Madrassa and was selected for the post of Headmaster of M.E. Madrassa. The petitioner alleges that though the Respondent No.5 was also selected for the said post, the said Respondent No.5 is junior to the petitioner and accordingly, he was placed below the petitioner in the Select List. Pursuant to such selection, both the petitioner and the Respondent No.5 were promoted to the post of Headmaster in two different schools but due to their personal reasons, both of them did not join. The petitioner's case was that he could not join as he was unwell and undergoing treatment. Thereafter, the petitioner was allowed to hold the charge of Headmaster of the Bhojkhowa Sirajia M.E. Madrassa School and is continuing as such. On the other hand though the Respondent No.5 had refused to join the place of posting in which he was initially posted pursuant to his promotion, later on vide the impugned order dated 13.08.2015, the Respondent No.5 was re-posted in the Bhojkhowa Sirajia M.E. Madrassa instead of the earlier School, namely, Balidonga Milan M.E. Madrassa.;

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