1996 Supp 5 SCR 688 The following Order of the Court was delivered This special leave petition has been filed against the judgment and order of the Gauhati High Court made on May 29,1996 in W.A. No.
One Mukul Chandra Roy, a regular headmaster working in Pranab Bidyapity High School at Lumding of Nagaon district has been transferred by order date 15.2.1996 to the incumbent post in which the petitioner is officiating.
This transfer order came to be challenged by the petitioner in the High Court companytending that he was promoted as headmaster on regular basis, therefore, Mukul Chandra Roy cannot be transferred in his place.
Calling that order in question, this special leave petition has been filed.
The petitioner being the senior most Assistant Graduate Teacher was asked to officiate in the post till a new incumbent takes charge.
The Inspector of Schools, Kamrup District circle, Gauhati by his proceedings dated 18.1.1995 asked the petitioner to discharge the additional duties as headmaster in addition to his duty as a school Assistant Graduate Teacher authorising to draw and disbursement of the salaries.
Shri N.N. Kumar, learned companynsel for the petitioner has companytended that the Division Bench of the High Court was wrong in placing reliance on Rule 9 of the Secondary Education Provincialised Service Rules, 1982.
While the petitioner was working as an Assistant Graduate Teacher in Kahilipara High School, a regular incumbent of the high school one Keshablal Kanjilal had retired from service on 11.1,1995.
165/96 companyfirming the order of the learned single Judge.
