WP(C) 5478/2006 BEFORE HON’BLE THE MR. JUSTICE AMITAVA ROY The order dated 24/6/2006 passed by the Headmaster of Teliapara Middle School (hereafter referred to as the School) pursuant to the letter No. S .S.A.A./DA/Esstt/1/Pt-1/04/818-925 dated 14/6/2006 of the District Elementary Ed ucation Officer cum District Mission Coordinator, SSA, Darrang, Mangaldoi, is th e subject matter of challenge in the instant proceeding. Thereby the petitioner, Assistant Teacher of the School was released from the said post. 2. I have heard Mr. A.M. Mazumdar, Sr. Advocate assisted by Mr. S. Islam, Advocate for the petitioner and Mr.U.K. Goswami, learned Standing Counsel , Education Department. Also heard Mr. S. Sharma, learned Standing Counsel, Assa m Sarba Siksha Abhijan Mission. Inspite of service of notice, the respondents 5 and 6 has not entered appearance. 3. The pleaded case of the petitioner in short is that following th e selection initiated by an advertisement issued in the year 1996 for filling up of post of Assistant Teacher in Teliapara Middle School, she was initially appo inted thereto for a period of three months by order dated 18/11/1997 of the Dist rict Elementary Education Officer, Darrang, Mangaldoi. She claims to have been r egularized thereafter. Her pleadings in addition to his petition disclose that t he post against which she had been appointed fell vacant due to the transfer of its incumbent Shri Pona Ram Deka as the Headmaster of Khairajangal L.P. School. Her version is that incidentally, Shri Pati Ram Rabha, Assistant Teacher of the said School had been sent on deputation to the post of Cluster Research Centre C o-ordinator (hereafter referred to as the C.R.C.C.) under the Assam Sarba Siksha Abhijan Mission (hereafter referred to as the Mission). By order dated 14/6/200 6 on completion of the deputation period he was repatriated to the said post. Ac cording to her, therefore, her release from the post of Assistant Teacher of the Teliapara Middle School on the ground of return of Shri Pati Ram Rabha to the p ost of Headmaster of Khairajangal L.P. School resulting in the displacement of S hri Pona Ram Deka and his return as the Assistant Teacher of the Teliapara Middl e School is grossly misconceived and being per se illegal and unsustainable in l aw, is liable to be adjudged as such. 4. The pleaded stand of the Education Department in short is that S hri Pati Ram Rabha at the time of being sent on deputation as C.R.C.C. in fact h ad been the Headmaster of the Khairajangal L.P. School. On his deputation, the s aid post of Headmaster was filled up on temporary basis by Shri Pona Ram Deka, A ssistant Teacher of the Teliapara Middle School. On the completion of the deputa tion period, Shri Pati Ram Rabha returned to the post of Headmaster of Khairajan gal L.P. School. Consequently, Shri Pona Ram Deka was reinstated as the Assistan t Teacher of the Teliapara Middle School. As the petitioner’s appointment as Ass istant Teacher of the School was contingent on the return of Shri Pona Ram Deka, the impugned order is validly passed. The answering respondent has also dispute d the petitioner’s claim of having been regularized as Assistant Teacher in the Teliapara Middle School. The basic facts as above being adequate to attend to th e rival submissions made, it is considered inessential to beaver through the mam moth matrix of pleadings of the parties centering around the same. 5. Mr. Mazumder has urged that it being apparent from the table ann exed to the letter dated 14/6/2006 of the District Elementary Education Officer cum District Mission Coordinator, Darrang, Mangaldoi, that Shri Pati Ram Rabha, on completion of the deputation has been repatriated as the Assistant Teacher of the Khairajangal L.P. School, the release of the petitioner on the purported co nsideration of his return as the Headmaster of that School is ex-facie illegal, arbitrary and fallacious. Referring to the joining letters dated 15/6/2006 and 2 3/6/2006 submitted by Shri Pati Ram Rabha, the learned Sr. Counsel has urged tha t it is apparent from the endorsement made by the District Elementary Education Officer on the document dated 15/6/2006 that Shri Pati Ram Rabha had joined as A ssistant Teacher of the Khairajangal L.P. School. Mr. Mazumdar has argued that t hese documents being extracts from the official records are unimpeachable testim ony of the fact that at all relevant times Shri Pati Ram Rabha had been the Assi stant Teacher and not the Headmaster of the Khairajangal L.P. School as is sough t to be represented by the respondents. The learned Sr. Counsel in order to butt ress his point has referred to a transfer order dated 11/8/2006, Annexure A3 to the affidavit dated 18/6/2008 passed by the Director of Elementary Education, As sam, to contend that though thereby an attempt had been made to portray Shri Pat i Ram Rabha as the Headmaster of Khairajangal L.P. School the fact that Shri Sas hadhar Sarma, Assistant Teacher of Ratanpur L.P. School has been inducted as the Headmaster of the Khairajangal L.P. School exposes the un-authenticity of the d ocument as well as the arrangement sought to be effected thereby. According to M r. Mazumdar, had Shri Pati Ram Rabha really been the Headmaster of the Khairajan gal L.P. School transferred to Ratanpur L.P. School by the aforementioned order in the said capacity, he would have been replaced by the Headmaster of the Ratan pur L.P. School and not by the Assistant Teacher thereof. He further urged that there being no subsisting order posting Shri Pona Ram Deka as the Assistant Teac her of the Teliapara Middle School, the petitioner could by no means be ousted a nd on that count alone the petition is liable to be dismissed. 6. Mr. Goswami on the basis of the affidavit filed by the Director of Elementary Education, Assam, on 18/6/2008 submitted that at the time of deput ation, Shri Pati Ram Rabha was the Headmaster of the Khairajangal L.P. School. A ccording to him, his designation in the table accompanying letter dated 14/6/200 6 of the District Elementary Education Officer cum District Mission Coordinator, S.S.A., Darrang, Mangaldai, is an inadvertent mistake. The fact that Shri Pati Ram Rabha was at all relevant time the Headmaster of the Khairajangal L.P. Schoo l is evident from the transfer order dated 11/8/2006, he urged. According to Mr. Goswami in any view of the matter, the petitioner cannot claim any right to the post as is evident from order dated 18/11/1997 of the District Elementary Educa tion Officer, Darrang, Mangaldoi her term being contingent on the return of Shri Pona Ram Deka or Pati Ram Rabha to the respective posts following the completio n of the deputation stint. As Shri Pati Ram Rabha has returned as the Headmaster of the Khairajangal L.P. School and Shri Pona Ram Deka as the Assistant Teacher of the Teliapara Middle School, the petitioner was rightly released by the impu gned order. On the basis of the official records, Mr. Goswami has further endeav oured to contend that Shri Pati Ram Rabha had been transferred to Khairajangal L .P. School as the Headmaster thereof by the order dated 5/4/1995 and, therefore, there is no doubt or confusion that at the time of his deputation to the S.S.A. he was the Headmaster of the Khairajangal L.P. School. Mr. Goswami, however, ca ndidly admitted that no specific order has been passed posting Shri Pona Ram Dek a to be the Assistant Teacher Teliapara Middle School. 7. The pleadings of the parties and the arguments advanced have rec eived the due consideration of this Court. The official records bearing No. EHA- 601/2006 of the Office of the Director of Elementary Education, Assam, Guwahati, contain an order dated 5/4/1995 passed by the Deputy Inspector of Schools, Mang aldoi indicating that Shri Pati Ram Rabha, Headmaster of No. 1 Satgharia L.P. Sc hool was transferred thereby in the same capacity to the Khairajangal L.P. Schoo l. The order dated 26/2/1997 enlisting the teachers deputed to C.R.C.C. under th e Mission includes the name of Shri Pati Ram Rabha designating him as the Head P andit of Khairajangal L.P. School. The fact that the post against which the peti tioner was appointed had fallen vacant due to the transfer and posting of Shri P ona Ram Deka as the Headmaster of the Khairajangal L.P. School is not in dispute . The order of transfer and posting of Shri Pona Ram Deka, however, is presently not available before this Court and, therefore, the conditions subject to which the said arrangement was made is also not forthcoming. The entry in the chart a ppended to the letter dated 14/6/2008 reflecting Shri Pati Ram Rabha to be the A ssistant Teacher of Khairajangal L.P. School is definitely incompatible with the revelations from the letter dated 26/2/1997. The transfer order dated 11/8/2006 is also not free from anomalies. Thereby Shri Pati Ram Rabha shown as the Headm aster of Khairajangal L.P. School is replaced by one Shri Sashadhar Sarma, Assis tant Teacher of Ratanpur L.P. School who noticeably is not the Headmaster thereo f. There is no explanation in the affidavit of the respondents as to why and how this arrangement came to be made. This has some bearing on the office, which Sh ri Pati Ram Rabha held at that point of time. 8. The order dated 22/6/1998 is one for extension of the petitioner ’s term of appointment w.e.f. 19/5/1998 till the return of either Shri Pona Ram Deka or Shri Pati Ram Rabha to their respective posts. Admittedly there is no or der whereby Shri Pona Ram Deka has been reposted as the Assistant Teacher of the Teliapara Middle School. Even assuming that Shri Pati Ram Rabha had been repatr iated as the Headmaster of the Khairajangal L.P. School resulting in displacemen t of Shri Pona Ram Deka, it is incomprehensible that in absence of any order of posting, he (Pona Ram Deka) could have by his own come and joined as the Assista nt Teacher of the Teliapara Middle School. There is no joining letter as well to the said effect. The extracts of the attendance register of the School showing one Shri P. Deka to be continuing as the Assistant Teacher thereof in the opinio n of this Court is not a legally cognizable evidence, unassailable and irrefutab le in nature to recognize the resumption of duty by Shri Pona Ram Deka as Assist ant Teacher of the said School and or to sustain the validity thereof. The retur n of Shri Pona Ram Deka or Shri Pati Ram Rabha to their respective posts on whic h the continuance of the petitioner is conditional has to be unmistakably in acc ordance with law and the administrative procedure. The facts of the present case do not demonstrate such observance. 9. In the above view of the matter, without offering any comment on the petitioner’s claim of regularization of her services in the aforementioned posts suffice it would be to dispose of the instant proceeding holding that as t he return of Shri Pona Ram Deka as the Assistant Teacher of the School cannot be legally sustained, the petitioner’s release by the impugned order needs interfe rence. Ordered accordingly. The petition is allowed. The order dated 14/6/2008 is hereby set aside. This determination notwithstanding, it would be open for the official re spondents to take an appropriate decision on the issue of the petitioner’s reten tion posting and regularization in accordance with law. As the petitioner claims to be serving since the year 1997 in resolving the issue, the above fact also w ould be taken into consideration. No costs.