ABDUL GOFUR MONDAL Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) Three writ applications, under Article 226 of the Constitution of India, were filed by one Abdul Gafur Mondal and the applications were registered as WP(C) 4612/2011, WP(C) 6109/2012 and WP(C) 2272/2013. The writ petitions have been placed before the Full Bench to consider the following question of law:

(2.) It will be necessary, at the outset, to outline only the basic factual matrix of the aforesaid three writ petitions for the purpose of understanding how the question had arisen for consideration of the Full Bench.

(3.) The case set out in WP(C) 4612/2011 is that the petitioner is the founder Assistant Teacher of a school, namely, Janakalyan Venture Lower Primary (VLP) School, established on 01.01.1987, and he was working in the said school till the filing of the writ petition with full satisfaction of all concerned. Respondent Nos. 8 and 9 were appointed as Assistant Teacher in the said school on 10.03.2008 and 10.03.2010, respectively. Thus, the petitioner should be treated as the First Assistant Teacher and the respondent Nos. 8 and 9 as the Second and Third Assistant Teacher, respectively, in order of seniority. The school received financial assistance for the period 2010-2011 and the Managing Committee was constituted and approved by the Block Elementary Education Officer, Bilasipara. The writ petition was filed, primarily, praying for a writ of mandamus directing the respondent authorities to prepare a gradation list and to treat the writ petitioner as the First Assistant Teacher of the school in order of seniority amongst the Assistant Teachers and also for provincialisatin of his services.