WP(C) 3894/2010 BEFORE THE HON’BLE MR JUSTICE I. A. ANSARI Heard Mr. I. H. Saikia, learned counsel for the petitioners, and Mr. A. D. Choud hury, learned Standing Counsel, Education Department, appearing on behalf of res pondent Nos.1 to 6. Also heard Mr. B. Gogoi, learned counsel for respondent No.7 . The petitioners herein were, all at one point of time, Assistant Teachers of Dor akohora 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 Do rakohora High School. After the amalgamation, some of the petitioners have been teaching, according to what they claim, in the higher classes of the amalgamated school, such as, Class-IX and X. The petitioners claim that since they are gra duates, they shall be paid the scale of graduate teachers as available to a grad uate 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 just ice, this Court is of the view that the grievances of the petitioners need to be examined by the Department concerned and an appropriate decision need to be tak en. Situated thus, it is hereby, in the interest of justice, directed that t he respondent No.1, namely, the Commissioner and Secretary to the Government of Assam, Education (Secondary) Department, shall examine the grievances of the pet itioners and pass appropriate speaking order(s) by taking a final decision in th e matter. Whatever decision(s) is/are reached by the respondent No.1, namely, the Commissioner and Secretary to the Government of Assam, Education (Secondary) Dep artment, and/or whatever order(s) is/are passed, the same shall be communicated, in writing, to the petitioners by the respondent No.1, namely, Director of Seco ndary Education, Assam. If the petitioners feel aggrieved by the decision(s), w hich may be reached, or the order(s), which may be passed by the respondent No.1 , the petitioners 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.