WP(C) 3281/2010 BEFORE HON’BLE MR JUSTICE I A ANSARI By making this writ application, under Article 226 of the Constitution of India, the petitioner has put to challenge the order, dated 03.06.2010 (annexure-3 to the writ petition), whereby the respondent No. 2, namely, Director of Secondary Education, Assam, has allowed the respondent No. 5, namely, Smt. Bharati Saikia, an Assistant Teacher of Behali Higher Secondary School, Sonitpur, to hold the c harge of the office of the Principal of the said school, on the ground that he ( petitioner) was appointed as a Hindi teacher, on 01.03.1981 and, by order, dated 13.09.1997, he received graduate scale of pay w.e.f. 09.03.1981. Thus, according to the petitioner, he has been receiving graduate scale of pay s ince 09.03.1981; whereas, respondent No. 5 was appointed as Assistant Teacher, o n 16.11.1978, and she received graduate scale of pay w.e.f. 01.03.1985. Thus, t he petitioner claims to be senior to respondent No. 5 and contends that he ought to have been given the charge of the office of the Principal of the said school . In the counter-affidavit, filed by the respondents, this aspect of the petitio ner’s submission has not been disputed. Today also, none has appeared on behalf of respondent No. 5. In view of the fact that the petitioner is, as the pleadings and the mat erials on record reflect, senior to respondent No. 5, it is clear that in the ab sence of any other reason shown by the respondents for allowing respondent No. 5 to hold the charge of the office of the Principal, this Court is of the view th at the petitioner deserves to be given the charge of the office of the Principal of the school, in question. The impugned order, dated 03.06.2010, which rests on no reasoned ground, is, therefore, nothing, but illegal and arbitrary. Situated this, it becomes clear that the impugned order, dated 03.06.201 0, shall, if allowed to survive, cause serious miscarriage of justice. In the result and for the foregoing reasons, this writ petition succeeds . The impugned order, dated 03.06.2010, is hereby set aside and the State respo ndents, particularly, respondent No. 2, namely, Director of Secondary Education, Assam, is hereby directed to issue appropriate order(s) allowing the petitioner to hold the charge of the office of Principal, Behali Higher Secondary School, Sonitpur. The direction, so given to the respondent No. 2, shall be carried out within a period of one week from today. Furnish a copy of this order to the learned Standing counsel, Education Department.