High Court · 2012

Heard Mr. Kaiyum, learned counsel for the petitioner; Mr. Abedin, learne d standing counsel Education Department appearing for the respondent Nos.1 to 5; Ms. R. Gogoi, learned State counsel appearing for the respondent No.6 and Mr. I . Hussain, learned counsel appearing for the respondent No.7. As agreed to by the learned counsel for the appearing parties, the writ petition is taken up for disposal at the motion stage itself. The petitioner, by the present petition, has challenged the order dated 16.03.2012 passed by the Deputy Inspector of Schools, Nagaon, allowing the respo ndent No.7 to function as in-charge Headmaster of 2 No. Gayan Gaon Muktab L.P. S chool and to draw the salary as the Headmaster of the said school. The petitioner, who was the in-charge Headmaster of 2 No. Gayan Gaon Muk tab L.P. School, filed an application on 30.12.2010 praying for his transfer to Madhaya Panbari Muktab School. The respondent No.7, who was the Headmaster in-ch arge of Madhaya Panbari Muktab School, also filed an application for his transfe r from the said school to 2 No. Gayan Gaon Muktab L.P. School. The Deputy Inspec tor of Schools, Nagaon, pursuant to the prayers made by the petitioner and the r espondent No.7, passed an order on 04.01.2011 obliging both the petitioner and t he respondent No.7 and attaching them in the schools to which they sought transf er. The petitioner, thereafter, filed another application on 24.01.2011 before t he Block Elementary Education Officer, Batadraba, expressing his inability to ac t as the Headmaster in Madhaya Panbari Muktab School due to his illness and acco rdingly the Deputy Inspector of Schools vide order dated 16.03.2012, which is pu t to challenge in the present writ petition, has modified the earlier order date d 04.01.2011. The petitioner accordingly joined Niz Dhing Muktab School as assis tant teacher. According to the petitioner, he, however, has subsequently joined 2 No. Gayan Gaon Muktab L.P. School on 12.09.2011, pursuant to a general order passed by the Government directing release of all the teachers who are attached in diff erent schools or offices. It is also the case of the petitioner that the respond ent No.7 has not been released from 2 No. Gayan Gaon Muktab L.P. School, who has also been attached to the said school and the petitioner has also not been paid the salary as Headmaster w.e.f. March, 2012. The learned counsel for the petitioner submits that since the petitioner has rejoined 2 No. Gayan Gaon Muktab L.P. School pursuant to the general order passed by the Government directing release of all the teachers who are under ord ers of attachment, the authority cannot refused to pay the salary to the petitio ner after he joined his original school as Headmaster in-charge i.e. 2 No. Gayan Gaon Muktab L.P. School. It has also been submitted that the respondent No.7 wh o is also under order of attachment, in view of the general order, cannot claim to be the Headmaster-in-charge of 2 No. Gayan Gaon Muktab L.P. School and also t he salary in the said capacity. Mr. Abedin, learned standing counsel Education Department, on the basis of the written instruction from the Deputy Inspector of Schools, has submitted t hat the petitioner was attached to Niz Dhing Muktab School, pursuant to his own written request and the order of such attachment dated 16.03.2012 still stands, the same having not been modified or withdrawn. It has, therefore, been submitte d that the petitioner would not be entitled to the salary as Headmaster of 2 No. Gayan Gaon Muktab L.P. School. The learned counsel appearing for the respondent No.7 has submitted that since the respondent No.7, by virtue of the order dated 04.01.2011 has joined 2 No. Gayan Gaon Muktab L.P. School, the writ petitioner cannot claim that he has joined the said school as Headmaster in-charge in the absence of any order pass ed by the authority withdrawing the orders of attachment. It is not in dispute that a general order was passed by the Government i n Education Department directing withdrawal of all the teachers who are under or ders of attachment and also for passing necessary order for their transfer to th e original schools. It appears that on the basis of the request made by the peti tioner and the respondent No.7, the Deputy Inspector of Schools has initially pa ssed the order of attachment as aforesaid, attaching the petitioner initially in Madhaya Panbari Muktab School and the respondent No.7 in 2 No. Gayan Gaon Mukta b L.P. School, vide order dated 04.01.2011. The said order was, however, modifie d in so far as the petitioner is concerned, attaching him to Niz Dhing Muktab Sc hool as assistant teacher on his own request. The fact remains that those were t he orders of attachment and passed at the request of the parties by the Deputy I nspector of Schools, without, however, keeping in mind the interest of the stude nts of the schools. Since a general order has already been passed by the Government in Educa tion Department for releasing all the teachers who are working in different scho ols or offices pursuant to orders of attachment, the present petition is dispose d of directing the Director of Elementary Education to pass necessary order rela ting to the attachment of the petitioner and the respondent No.7, keeping in min d the aforesaid general order passed by the Government in Education Department. The direction to pass the order has been issued to the Director as the Deputy In spector of Schools, as it appears from the materials made available on record, o bliged the petitioner and the respondent No.7 as and when they approached the sa id authority. Necessary order as aforesaid shall be passed within 15 days from t he date of production of the certified copy of the order passed today by either of the parties before the Director.