WP(C) 1524/2010 BEFORE THE HON’BLE MR JUSTICE B.K. SHARMA The petitioner who is an Assistant Teacher in the graduate scale of pay has filed this writ petition claiming seniority over the respondent No. 5 with c onsequential benefit to hold the charge of the post of Headmaster of the school in which he has been working alongwith the said respondent. Both the incumbents are the Assistant Teachers in the graduate scale of pay in the school called Alh aj Abdul Latif Girls’ Institution (High), Mankachar in the district of Dhubri. W hile the petitioner was appointed by order dated 25.07.89, the respondent No. 5 was appointed by order dated 25.03.81. Thus, if we go by the respective dates of appointment of both the incumbents, undoubtedly the respondent No. 5 is senior to the petitioner. However, the petitioner has raised the question that the resp ondent No. 5 is in a different cadre unlike the petitioner who is in the graduat e cadre of service. It is the case of the petitioner that as against his appoint ment as a graduate teacher, the respondent No. 5 was appointed as Arabic Teacher not on account of being a graduate, but on the basis of FM (Fasil Madrassa) hel d by him. It will be pertinent to mention here that both the petitioner and the respondent No. 5 obtained their graduation in the year 1986. However, it is the case of the petitioner that unless the respondent No. 5 was appointed as graduat e teacher and continues to hold the post of Arabic teacher on the basis of his F M degree, the petitioner will always score a march over him in the matter of sen iority, he being a graduate teacher. I have heard Mr. A.S. Choudhury, learned Sr. counsel for the petitioner as well as Mr. B.C. Das, learned Sr. counsel for the respondent No. 5. I have al so heard Mr. Khatoniar, learned Standing counsel, Education Department. While Mr. Choudhury upon a reference to the Full Bench decision of this Court dated 25.06.09 passed in W.A. No. 144/2002 and other connected appeals and writ petitions, submits that the respondent No. 5 being in a different category , he cannot be equated with that of the petitioner and the petitioner being in t he graduate cadre, will rank senior to the respondent No. 5 and consequently wil l also be entitled to hold the charge of the post of Headmaster. On the other hand, Mr. Das, learned counsel appearing for the respondent No. 5 submits that FM degree being equivalent to graduation and the respondent No. 5 having obtained the general degree qualification in the year 1986, as per the date of appointments of both the incumbents, the respondent No. 5 will defin itely rank senior to the petitioner and thus, the respondent No. 5 will also be entitled to hold the charge of the post of Headmaster. Mr. Khatonior, learned Standing counsel, Education Department referring to the correspondences made by the Assistant Inspector of Schools, DDC, Dhubri t o the Director of Secondary Education, Assam vide letter dated 23.02.2010 (Annex ure-4 series) and the consequential letter dated 06.03.2010 addressed to the Gov t. in the Education (Secondary) Department by the Director of Secondary Educatio n, Assam (Annexure-VII) to Misc. Case No. 1262/2010, submits that a decision in the matter is still awaiting from the Govt. As noted above, the Assistant Inspect of Schools vide the aforesaid lett er dated 23.02.2010 had requested the Director of Secondary Education, Assam to resolve the issue relating to seniority between the petitioner and the responden t No. 5. In turn, the Director of Secondary Education, Assam had written the let ter dated 06.03.2010 urging upon the Govt. in the Education (Secondary) Departme nt to pass necessary order on the issue. In the letters both the parties, i.e. t he Assistant Inspector of Schools, DDC, Dhubri and the Director of Secondary Ed ucation, Assam have detailed the facts involved in the matter and the Director o f Secondary Education, Assam has urged upon the Commissioner and Secretary, Govt . of Assam in the Education (Secondary) Department to pass appropriate order tow ards resolving the dispute relating to the seniority between the petitioner and the respondent No. 5. In view of the above, I am of the considered opinion that ends of justic e would be met if a direction is issued to the said Commissioner and Secretary t o pass a speaking order determining the seniority between the petitioner and the respondent No. 5 on the basis of the materials available on record and in refer ence to the relevant rules holding the field. More than four months have passed since the aforesaid letter dated 06.03.2010 was addressed to him by the Director of Secondary Education, Assam. It will be appropriate for the said authority to pass a speaking order towards implementation of this order as expeditiously as possible, but at any rate, not later than 31.08.2010. On the basis of the determ ination of seniority by a speaking order to be passed by the Commissioner and S ecretary, the consequential action relating to holding of charge of the post of Headmaster of the school will follow. At this stage, learned counsel for the parties submit that the Commissio ner and Secretary to the Govt. of Assam in the Education (Secondary) Department may hear the parties before passing the speaking order. To facilitate such hear ing, the parties may appear before the said Commissioner and Secretary, who in t urn shall give a fair hearing to them towards passing the speaking order in term s of this order. Alternatively, the Commissioner and Secretary may also fix a pa rticular date on which both the parties may appear before him. With the aforesaid directions, writ petition is disposed of.