Appellant Hemen Chandra Das to be Appointed as In-charge Principal of Barghuli Nehru Higher Secondary School Over Respondent Ramesh Chandra Khakhlari
The Gauhati High Court has delivered a significant ruling in the case of Hemen Chandra Das v. Ramesh Chandra Khakhlari, deciding in favor of the appellant, Hemen Chandra Das, regarding the determination of seniority for the position of In-charge Principal at Barghuli Nehru Higher Secondary School. The court's decision, delivered on February 5, 2026, overturns a previous judgment by a single judge, which had favored the respondent, Ramesh Chandra Khakhlari.
The crux of the case revolved around the interpretation of the Assam Secondary Education (Provincialised Schools) Rules, 2018, specifically Rule 14(1), which dictates that seniority among graduate teachers is determined based on the date they begin receiving the Graduate Scale of Pay, coupled with the possession of a Graduate Degree. While Khakhlari had been receiving the Graduate Scale of Pay since April 29, 1994, he only obtained his Graduate Degree on September 27, 1997. Das, on the other hand, was substantively appointed as a Graduate Teacher on May 6, 1996, before Khakhlari completed his degree.
The court highlighted that Khakhlari could not be considered a Graduate Teacher before acquiring his degree, thereby making Das senior in this context. The judges, Michael Zothankhuma and Kaushik Goswami, emphasized that retrospective regularization could not be used to alter seniority unless expressly provided for by the rules, citing precedents from the Supreme Court.
The court also addressed the issue of appointing an In-charge Principal, stating that such a position should be filled based on seniority from among eligible feeder cadre teachers. The judgment further clarified that retrospective regularization for service benefits does not equate to retrospective seniority.
The judgment has significant implications for the appointment process within provincialized schools, reinforcing the principle that seniority is tied to both qualifications and the date of entry into the pay scale. The appeal by Hemen Chandra Das was allowed, and the court directed that he be appointed as the In-charge Principal.
Bottom Line:
Seniority of teachers in provincialized schools is determined based on the date they receive the Graduate Scale of Pay, coupled with the acquisition of a Graduate Degree as per the Assam Secondary Education (Provincialised Schools) Rules, 2018.
Statutory provision(s): Assam Secondary Education (Provincialised Schools) Rules, 2018, Rule 14(1), Rule 2(i); Retrospective regularization principles from R.K. Mobisana Singh v. Kh. Temba Singh (2008) 1 SCC 747, and Ganga Vishan Gujrati v. State of Rajasthan (2019) 16 SCC 28.
Hemen Chandra Das v. Ramesh Chandra Khakhlari, (Gauhati)(DB) : Law Finder Doc id # 2849273
