MC 2036/2010 BEFORE THE HON’BLE MR JUSTICE T. VAIPHEI Heard Mr. SS Dey learned counsel for the applicant. Also heard SK N Mahammad, le arned counsel for the writ petitioner. This is an application for vacating or modifying the interim order passed by thi s Court directing that after the superannuation on retirement of Sri Dilip Hazar ika, the charge of the I/C Principal of the school should be handed over to the writ petitioner subject to further orders that might be passed in this writ peti tion at a later point of time after receipt of necessary instruction from the re spondents. Admittedly, the writ petition was filed by the writ petitioner who was appointed earlier as a demonstrator but the present applicant joined the School in questi on as a Subject Teacher and from the date of his joining he has been receiving G raduate Scale of Pay. This Court while passing the interim order apparently had taken note of the order dated 17/12/07 issued by the Director of Secondary Educ ation, Assam in which it was observed that the seniority of the writ petitioner who has been working at Kaliabor HS School as demonstrator since 23/10/1979 woul d get his seniority from the date of the original joining of the post i.e. on 23 /10/1979, Rule (2) (n) and Rule (2) (v), Assam Secondary Education (Prov.) Servi ce Rules, 2003. The learned counsel for the applicant inviting my attention to another letter da ted 30/09/2009 issued by the Under Secretary to the Government of Assam, Educati on Department (Secondary Education) addressed to the Director of Secondary Educa tion, Assam, contends that the order dated 17/12/07 issued by the Director of Se condary Education, Assam, is contrary to the subsequent order issued by the Unde r Secretary to the Government of Assam, Education (Secondary) Department dated 3 0/09/09. I find sufficient force in the submissions of the learned counsel for t he applicant. In the letter dated 30/09/09, it is categorically explained that if the demonstr ators have been declared to be Assistant teacher (Graduate) under Rule (2) (n) a nd Rule (2) (v) of the Assam Secondary Education (Provision) Service Rules, 2003 , their seniority as Graduate Assistance teacher would have to be counted w.e.f. from the date of coming into force of the Rules and not from the date of joinin g as Demonstrator, when the said post was not treated to be that of the Assistan t teacher (Graduate) but was a support category. This letter, in my opinion, pri ma facie, clinches the issue in favour of the applicant. This writ petitioner wh o is junior to the applicant could not be allowed to hold the charge of the I/C Principal of Kaliabor HS School, Silghat. Accordingly, I am of the view that the ex-parte order dated 31/3/2010 should not be allowed to continue. Consequently, the interim order dated 31.03.10 passed b y this Court stands vacated. This misc. case stands allowed.