WP(C) 2511/2009 BEFORE HON’BLE MR JUSTICE HN SARMA Heard Mr. AS Choudhury, learned Sr. counsel for the petitioner. The petitioner was originally serving as Asstt. Graduate Teacher in Maj Jakli Hi gh School in the year 1981 and he was transferred to Ranjuli High School as Asst t. teacher in the year 1991 but he could not join in the said school. Thereafter , he was again transferred to Dhupdhara Girls High School on 13.11.91 wherein he joined and serving in the said school till date. The Headmaster of the Dhupdhara Girls High School is scheduled to retire soon a nd for allowing to hold the post of Headmaster-in-Charge, a seniority list was f orwarded by the Headmaster of the said school wherein the petitioner has been pl aced at Sl. No.3. It is contended by the learned counsel for the petitioner that the petitioner is receiving the graduate scale of pay prior to that of respond ents No. 5 and 6 and accordingly the petitioner is senior in the school who join ed in the Dhupdhara Girls High School on 13.11.91 and the authority is required to prepare the seniority list from the said date presumably applying the provisi on contained in Rule 24 (v) of the Assam Secondary Education (Provincialisation) Rules. A dispute having been raised as regards the seniority of the petitioner, the petitioner filed his representation on 18.12.08 for resolving the same. Fur ther, an application was filed by the petitioner on 12.06.09 which was addressed to the Director, Secondary Education Assam, for meeting such claim for seniorit y but it is stated at the bar that the matter has not been taken by the author ity as yet. Mr. Choudhury, learned Sr. counsel referring Rule 24 (viii) contends that the si nce the dispute has been raised as regards seniority of the petitioner and other two private respondents i.e., respondents No. 5 and 6, matter may be settled b y the Govt. in terms of the aforesaid Rule. Also heard learned Standing counsel, Education Department. It appears that the submission of Mr. Choudhury that the dispute, having been raised as regards seniority in service between the petitioner and respondents No . 5 and 6, requires to be resolved by the Govt. in terms of the Rule 24 (viii), is reasonable one. In that view of the matter, this writ petition stands dispos ed of with the direction that the Secretary, Govt. of Assam, Education Departme nt, shall determine the seniority as regards the petitioner and the respondents No. 5 and 6 namely, Mr. Naba Kumar Das and Mr. K. Roy, both being Asstt. Teacher in the Dhupdhara Girls High School, respectively. The petitioner may file appropriate application along with necessary documents i n support of his case before the Secretary, Govt. of Assam, Education Department and the same be taken into consideration after issuing notice to the petitioner as well as respondents No. 5 and 6 for providing opportunity of hearing and dec ide the matter thereafter as early as possible. This disposes of the writ petition.