Gauhati High Court
Kishore Kumar Sarma Barua vs The State Of Assam And 5 Ors on 24 August, 2022
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GAHC010133102022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1947/2022
KISHORE KUMAR SARMA BARUA
SANSKRIT TEACHER, KHARUPETIA HS SCHOOL, P.O. AND P.S.
KHARUPETIA, DIST. DARRANG, ASSAM, PIN- 784115.
VERSUS
THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, SECONDARY EDUCATION DEPARTMENT,
DISPUR, GUWAHATI, ASSAM, PIN- 781006.
2:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM, KAHILIPARA
GUWAHATI-781019.
3:THE INSPECTOR OF SCHOOLS
DARRANG DISTRICT CIRCLE
MANGALDOI
P.O. AND P.S. MANGALDOI
DIST. DARRANG
ASSAM, PIN- 784125.
4:THE PRINCIPAL
KHARUPETIA HIGHER SECONDARY SCHOOL
KHARUPETIA
P.O. AND P.S. KHARUPETIA
DIST. DARRANG
ASSAM, PIN- 784115.
5:THE HEADMASTER
BORIGAON HIGH SCHOOL
P.O. BORIGAON
DIST. UDALGURI
ASSAM PIN- 784510.
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6:SULEMAN ALI
S/O LATE ABDUR RAHMAN
R/O- VILL.- PUB CHUBA
P.O. KHARUPETIA
P.S. DHULA
DIST. DARRANG
ASSAM, PIN- 784115
Advocate for the Petitioner : MR. T J MAHANTA
Advocate for the Respondent : SC, SEC. EDU.
BEFORE
HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR
ORDER
24th August, 2022
Heard Mr. T.J. Mahanta, learned senior counsel, assisted by Ms. P.
Bhattacharya, learned counsel for the applicant. Also heard Mr. M. K. Hussain,
learned counsel appearing on behalf of the opposite party No. 6/writ petitioner as
well as Mr. U. Sarma, learned standing counsel, Secondary Education Department,
represents on behalf of opposite party Nos. 1, 2 and 3.
The opposite party No. 6 as writ petitioner filed the connected WP(C) No.
3456/2022 assailing the seniority list of teaching staff of Kharupetia Higher
Secondary School dated 10-01-2022 under Darrang district circle on the ground
that the writ petitioner is senior to the applicant in terms of date of joining to the
said school. This Court, after hearing the parties, passed an interim order dated
27-05-2022 directing that the further effect of the seniority list dated 10-01-2022
shall not be given its effect until further orders, if it had been given effect to, the
consequential action be not given effect.
Being aggrieved, the applicant, who is the respondent No. 6 in the writ
petition, has filed the present interlocutory application praying for vacation of the
interim order dated 27-05-2022 on the ground that this Court on an earlier
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occasion had already settled the seniority position of the applicant and that of the
writ petitioner in WP(C) No. 1675/2022. The said writ petition was disposed of by
an order dated 06-05-2022 and therein this Court had held that the respondent No.
5, i.e., the present applicant is senior to the petitioner, i.e., the petitioner in the
connected writ petition.
The relevant portion of the order dated 06-05-2022 is extracted hereinbelow:
"7.
........................................................................................................................
... Admittedly the respondent No. 5 is senior to the petitioner as per the
materials placed before this Court and consequently, this Court is,
therefore, of the opinion that no interference is called for to the order
dated 28.02.2022 impugned in the instant proceedings. Consequently, the
petition being devoid of any merit is liable to be dismissed. Interim order
if any stands vacated."
There is already a judicial pronouncement settling the seniority position of
the present applicant and the writ petitioner in the WP(C) No. 1675 of 2022. It
appears that the said judgment was not brought to the notice of this Court when
the interim order was passed.
As the seniority position of the applicant and the respondent No. 6/writ
petitioner is already settled, the interim order passed on 27-05-2022 stands
vacated.
The interlocutory application stands disposed of accordingly.
JUDGE
Comparing Assistant
