- (1.) The arrangement whereby respondentNo. 5 has been permitted to hold the charge of the Office of the Headmaster/Headmistress of Ram Krishna Vidyapeeth M.E. School, District Nagaon has been assailed in the instant petition.
(2.) I have heard Mr. A.S. Choudhury, Senior Advocate assisted by Mr. R. Ali, Advocate for the petitioner, and Mr. M.K. Mishra, learned standing counsel for the Education Department and Mr. S. Dutta, learned Counsel for respondent No. 5.
(3.) The petitioner s case in short is that he is a graduate in Arts and was appointed as Addl. Asstt. Teacher in the Ram Krishna Vidyapeeth M.E. School (hereinafter referred to as "the School") on 1.3.83 and his service was regularized by order dt 1.3.93. The respondent No. 5 joined the school on transfer at her request on 20.10.04. The Headmaster of the school had retired on superannuation on 31.12.06. The District Elementary Education Officer, Nagaon by his order dt. 16.2.07 permitted the petitioner to hold the charge of the office of the Headmaster of the School for a period of three months w.e.f. 1.1.07. The term was thereafter extended by another three months. While the petitioner was discharging his duties in the said office, by the impugned order dt. 12.7.07 the respondent No. 3 allowed the respondent No. 5 to take over charge thereof. Though the initial term was for three months w.e.f. 1.7.07, by order dt. 2.11.07 it was extended until further orders. Contending that he is senior to respondent No. 5 in service, the petitioner has impugned the order permitting the respondent No. 5 to take the charge of the Office of the Headmaster of the School.;