WP(C) 4886/2010 BEFORE THE HON’BLE MR. JUSTICE B.K. SHARMA Heard Mr. N.C. Das, learned Senior counsel assisted by Mr. P. Gogoi, lea rned counsel for the petitioner as well as Mr. M.R. Pathak, learned Standing Cou nsel, Education. I have also heard Mr. U.K. Nair, learned counsel representing t he respondents No. 2 & 3. The matter relates to seniority dispute between the petitioner and the r espondents No. 2 & 3. Mr. Pathak, learned Standing Counsel, Education has produc ed the letter dated 2.11.2010 addressed to the learned senior Standing Counsel, Education by the Under Secretary to the Govt. of Assam in the Education (Sec) De partment, by which it has been conveyed that the petitioner is found to be senio r to the respondents No. 2 & 3. However, in the said letter, no reason has been assigned as to how the petitioner is senior to the respondents No. 2 & 3. The aforesaid communication has been made pursuant to the order dated 27 .9.2010 passed by this court directing the Commissioner and Secretary to the Gov t. of Assam in the Secondary Education to take a decision as to who amongst the 3 (three) contesting parties is senior most teacher in the School in question. H owever, the said communication does not indicate that the matter was decided by the Commissioner and Secretary and even if so decided, the same does not contain any reason, which is fundamental and essential, so that the parties adversely a ffected would know their position in the matter. This writ petition is emanated from the interim order dated 17.8.2010 pa ssed by the State Administrative Tribunal in case 22TA/2010, by which the order determining the seniority of the petitioner above the respondents No. 2 & 3 has been stayed. By the said order, further direction was issued to allow the senior most teacher of the school to hold the charge of Principal. It is the aforesaid interim order passed by the Tribunal, which forms the subject matter of challen ge in this writ petition. As to what followed thereafter has been noted above. Since the issue relates to determination of seniority by and between the parties, it is the for the Commissioner and Secretary to pass appropriate order assigning reason which is not discernible in the said communication dated 2.11. 2010. According to Mr. Nair, leaned counsel appearing for respondents No. 2 & 3, if the judgment of this court in WP(C) 5723/05 (Gouri Prabha Mahanta Vs. State of Assam & Ors) decided on 18.5.2010, the intermediate teachers are not entitle d to graduate scale of pay with retrospective effect. On the other hand Mr. N.C. Das, leaned senior counsel for the petitioner submits that the seniority of the petitioner has been rightly determined taking into account all relevant aspects . Considering the matter in its entirety, the writ petition is disposed of directing the Commissioner and Secretary to the Govt. of Assam in the Secondary Education to decide the seniority dispute between the parties by a speaking ord er. Let the speaking order be passed after hearing all the parties as expedi tiously as possible but at any rate not latter then 15.12.2010. With the above observations and directions, the writ petition stands dis posed of.