WP(C) 806/2009 BEFORE THE HON’BLE MR. JUSTICE I.A. ANSARI Heard Mr. A.M. Barbhuiya, learned counsel for the petitioners, and Mr. A. Deka, learned Standing Counsel, Education Department, appearing on behalf of responden ts. The subject-matter of this writ petition is covered by the subject-matter of the writ petition, which had given rise to WP(C) No.3894/2010 and which was dispose d of, on 10.08.2011, with the following observations and directions: The petitioners herein were, all at one point of time, Assistant Teachers of Do rakohora M. E. School with intermediate scale of pay. By order, dated 20.01.2006 (Annexure-3 to the writ petition), the said M. E. School was amalgamated with D orakohora High School. After the amalgamation, some of the petitioners have been teaching, according to what they claim, in the higher classes of the amalgamate d school, such as, Class-IX and X. The petitioners claim that since they are gr aduates, they shall be paid the scale of graduate teachers as available to a gra duate teacher in a High School. Relying upon the order, dated 20.01.2006, aforementioned, which has been issued by the respondent No.2, namely, Director of Secondary Education, Assam, it is co ntended, on behalf of the respondents, that the petitioners are not entitled to graduate scale of pay as per clause 7, which reads, without prejudice to upgrad ation scale of pay of teachers working in M.E. School at intermediate scale of p ay. In view of the fact that it is clause 7 of the order, dated 20.01.2006, which is the basis for disregarding the claim of the petitioners by the respondents, Cla use 7 is reproduced below. 7. Without prejudice to upgradation scale of pay of teachers working in M.E . School at intermediate scale of pay. On a query made by this Court, neither Mr. A. D. Choudhury nor Mr. M. R. Pathak, learned Standing Counsel, Education Department, could explain the meaning of th e expression without prejudice to upgradation scale of pay of teachers working in M.E. School at intermediate scale of pay . It is, thus, not clear as to what this clause actually intended to convey. This apart, in terms of the notificatio n, dated 30.12.1993, issued by the Government of Assam, Education (Secondary) De partment, the Assistant Teachers, in the intermediate scale of pay of Rs.l1185 - 2395/- P.M. with graduation of provincialised High/Higher Secondary Schools, s hall be upgraded to the post of Assistant Teachers in graduate scale of pay of R s.1375 - 3375/- P.M. from the date of issue of the order. The petitioners con tend that there is no reason why in the amalgamated High School, they shall not be paid the same scale of pay as a graduate teacher of the High School, particul arly, when some of them are required to teach in the higher classes, such as Cla ss-IX and X. Having considered the matter in its entirety and in the interest of justice, thi s Court is of the view that the grievances of the petitioners need to be examine d by the Department concerned and an appropriate decision need to be taken. Situated thus, it is hereby, in the interest of justice, directed that the respo ndent No.1, namely, the Commissioner and Secretary to the Government of Assam, E ducation (Secondary) Department, shall examine the grievances of the petitioners and pass appropriate speaking order(s) by taking a final decision in the matter . Whatever decision(s) is/are reached by the respondent No.1, namely, the Commissi oner and Secretary to the Government of Assam, Education (Secondary) Department, and/or whatever order(s) is/are passed, the same shall be communicated, in writ ing, to the petitioners by the respondent No.1, namely, Director of Secondary Ed ucation, Assam. If the petitioners feel aggrieved by the decision(s), which may be reached, or the order(s), which may be passed by the respondent No.1, the pe titioners shall remain at liberty to take recourse to such provisions of law as may be permissible. The whole exercise, so directed, shall be completed by the respondent No.1, name ly, the Commissioner and Secretary to the Government of Assam, Education (Second ary) Department, within a period of three months from the date of receipt of a c opy of this order. The petitioners may furnish to the respondent No.1, namely, t he Commissioner and Secretary to the Government of Assam, Education (Secondary) Department, a certified copy of this order along with a copy of the writ petitio n and annexures thereto. Considering the fact that the subject-matter of this writ petition is same as th e subject-matter of WP(C) No.3894/2010, this writ petition is also disposed of w ith direction to the respondent No.1, namely, Commissioner and Secretary to the Government of Assam, Education Department (Secondary), to examine the grievance s of the petitioners and pass appropriate speaking order(s) by taking a final de cision in the matter. Whatever decision(s) is/are reached by the respondent No.1, namely, the Commissi oner and Secretary to the Government of Assam, Education (Secondary) Department, and/or whatever order(s) is/are passed, the same shall be communicated, in writ ing, to the petitioners by the respondent No.1, namely, Director of Secondary Ed ucation, Assam. If the petitioners feel aggrieved by the decision(s), which may be reached, or the order(s), which may be passed by the respondent No.1, the pe titioners shall remain at liberty to take recourse to such provisions of law as may be permissible. The whole exercise, so directed, shall be completed by the respondent No.1, name ly, the Commissioner and Secretary to the Government of Assam, Education (Second ary) Department, within a period of three months from the date of receipt of a c opy of this order. The petitioners may furnish to the respondent No.1, namely, t he Commissioner and Secretary to the Government of Assam, Education (Secondary) Department, a certified copy of this order along with a copy of the writ petitio n and annexures thereto. With the above observations and directions, this writ petition stands disposed o f. Furnish a copy of this order to the learned Standing Counsel, Education Departme nt.