WP(C) 6088/2010 BEFORE HON’BLE MR. JUSTICE B.K. SHARMA Pursuant to the order passed on 16.11.2010, the Director of Secondary Ed ucation, Assam, i.e. the respondent No. 2, has filed affidavit on 24.11.2010. Th is writ petition has been filed making a grievance against the order dated 29.10 .2010 (Annexure-L) passed by Sri B.N. Talukdar, Director of Secondary Education, Assam. The order is reproduced as follows: GOVT. OF ASSAM OFFICE OF THE DIRECTOR OF SECONDARY EDUCATION :ASSAM: KAHILIPARA: GUWAHATI-19 No. GB-EST/DSE/CC/114/2010/128 Dated Kahilipara, the 29th October, 2010 ORDER In compliance with the Hon’ble High Court’s order dated 12.10.2010 passe d in WP (C) No. 5769/10 filed by Shri Janmejay Agarwalla vs. State of Assam and others, the operation of the order issued from this office on 30.09.10 is hereby kept in Abeyance till returnable date on 24.11.10 as per direction of the Hon’b le High Court in the matter of handing over and taking over of the charge of Pri ncipal of Jonai H.S. School, Jonai, Dhemaji and till returnable date on 24.11.10 , Shri Janmejay will continue to hold the charge of Principal of the Jonai M.S. School, Dhemaji. The final order will be the outcome of the instant proceeding of the Hon ’ble High Court in W.P.(C) No. 5769/10 filed by Sri Janmejay Agarwalla vs. State of Assam & ors. Sd/- Sri B.N. Talukdar Director of Secondary Education, Assam Kahilipara, Guwahati-19 The aforesaid order has been passed in reference to the order dated 12.1 0.10 passed by this Court in W.P.(C) No. 5769/10 by which the petitioner therein has made a challenge to the appointment of the present petitioner as Principal- in-charge. This Court while declining to stay the impugned order, however, provi ded that taking over charge of the post of Principal by the present petitioner d uring the pendency of the said writ petition, i.e. W.P.(C) No. 5769/10 will be s ubject to the final outcome thereof. Thus what was provided is that the petition er would continue to hold the charge of the post of Principal, but the same woul d be subject to the final outcome of the writ petition. However, the respondent No. 2 prima facie deliberately interpreted the said order in favour of the petit ioner in that case, i.e. W.P.(C) No. 5769/10 and passed the above quoted order. While doing so, he has taken the name of this Court, as if by the said order dat ed 12.10.2010 this Court had provided continuation of the petitioner as the Prin cipal-in-Charge of the school. The net result of the same is that- (1) the petit ioner in W.P.(C) No. 5769/2010 has not handed over the keys of the Almirah and ( 2) there was delay in payment of salary to the teachers and staff for the months of October and November, 2010. Learned counsel for the parties have obtained instruction in the matter and it i s submitted by the learned counsel for the petitioner that after this matter was taken up by this Court today at 10:30 a.m. , as per the direction of the respo ndent No. 2, the Treasury Officer, Jonai has released the salary of the teaching and other staff of the school at 1:30 p.m. for the month of October, 2010. Howe ver, salary for the month of November, 2010 is yet to be drawn. Mr. M.R. Pathak, learned Standing counsel, Education Department has prod uced the copy of the letter dated 06.12.2010 received from Principal of Jonai M. S. School addressed to the Director of Secondary Education, Assam in which it ha s been stated that the petitioner in the instant case has been discharging dutie s and functions as Principal of the school and has drawn the salary for the mont h of August and September, 2010. From the above, what is seen is that the entire proceeding in the instant case i s the creation of Mr. B.N. Talukdar, Director of Secondary Education, Assam. A l ittle care in the matter could have avoided such proceeding. It has been brought to my notice that the Director of Secondary Education, Assam has cancelled the impugned order dated 29.10.2010 and now in terms of the order passed on 12.09.20 10 in the other writ petition, i.e. W.P.(C) No. 5769/2010, the petitioner would continue to hold the charge of the Principal of the School until further order. In view of the above, the writ petition is disposed of with a note of ca ution to the Director of Secondary Education, Assam to be careful in future in i nterpreting the orders passed by this Court. Let a copy of this order be furnish ed to Mr. M.R. Pathak, learned Standing counsel, Education Department. If any ke y of the Almirah etc. are lying with the respondent No. 4, same shall be handed over to the petitioner. The documents produced by Mr. M.R. Pathak shall form par t of the records.