WP(C) 5769/2010 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. Payeng, learned counsel for the petitioner, Mr. Abedin, learned Standi ng Counsel, Education Department appearing for the respondent Nos.1 to 4 and Mr. Saikia, learned counsel appearing for the respondent No.5. The petitioner by the present petition has challenged the order dated 27th Septe mber, 2010 passed by the Commissioner & Secretary, Government of Assam, Educatio n (Secondary) Department, whereby and whereunder the seniority between the petit ioner and the respondent No.5 has been determined. The grounds on which the said determination of seniority by the aforesaid impugn ed order has been put to challenge is that the petitioner’s service as Demonstra tor has not been taken into consideration, which, though is required to be taken into consideration in view of the judgment and order dated 6th August, 2011 pas sed by this Court in WP(C) No.4538/2011 [Assam State Higher Secondary School (Go vt. & Provincialized) Demonstrators Association -Vs- State of Assam & Ors.]. Mr . Payeng, learned counsel for the petitioner has submitted that since by the afo resaid judgment and order, a Single Bench of this Court has directed to count th e service rendered by the members of the writ petitioner association in the post s of Demonstrators since the dates of their respective appointments to that post for the purpose of all service benefits including seniority and promotion vis-à -vis Graduate Teachers, the impugned order dated 27th September, 2010 needs to b e interfered with and set aside and the matter may be remitted to the Commission er & Secretary for re-determination of the seniority on the basis of the aforesa id judgment and order dated 6th August, 2011 passed in WP(C) No.4538/2009. Mr. Abedin, learned Standing Counsel, Education Department appearing for the res pondent Nos.1 to 4 submits that the seniority of the petitioner and the responde nt No.5 has been determined on the basis of the order dated 27th September, 2010 passed by the Commissioner & Secretary, Government of Assam, Education (Seconda ry) Department and accordingly, the respondent No.5 has been allowed to hold the charge of the Principal of Jonai HS School. On being asked, Mr. Abdedin, learn ed Standing Counsel, as per his instruction, has submitted that against the orde r dated 6th August, 2011 passed in WP(C) No.4538/2009, no appeal has been prefer red. Mr. Saikia, learned counsel appearing for the respondent No.5 submits that in te rms of Rule 24 of the Assam Secondary Education (Provincialisation) Service Rule s, 2003, the petitioner’s service as Demonstrator cannot be taken into account w hile determining the seniority in the graduate scale of pay and accordingly, the Commissioner & Secretary has rightly passed the order dated 27th September, 201 0. It appears that vide judgment and order dated 6th August, 2011 passed in WP(C) N o.4538/2009, a Single Bench of this Court has directed the respondent authoritie s to count the past services rendered by the members of the petitioner associati on in the posts of Demonstrators since the dates of their respective appointment s to that post for the purpose of all service benefits including seniority and p romotion vis-à-vis Graduate Teachers. The ground on which the seniority between the petitioner and the respondent No.5 has been determined is that the petitione r is not entitled to the benefit of the service as Demonstrator in the graduate scale of pay. Since a Single Bench of this Court vide aforesaid judgment and or der dated 6th August, 2011 passed in WP(C) No.4538/2009 has issued the direction , as noticed above, the impugned order dated 27th September, 2010 passed by the Commissioner & Secretary, Government of Assam, Education (Secondary) Department cannot be sustained in law and hence set aside. The matter is remitted to the C ommissioner & Secretary, Education (Secondary) Department to reconsider the matt er of seniority of the petitioner and the respondent No.5 in the light of the af oresaid judgment and order dated 6th August, 2011 passed in the aforesaid writ p etition being WP(C) No.4538/2009 and pass a speaking order, which shall be done within a period of 1 (one) month from the date of production of the certified co py of the order passed today alongwith the copies of the writ petition and its a nnexures appended thereto to be produced either by the petitioner or by any of t he respondents before the Commissioner & Secretary, Government of Assam, Educati on (Secondary) Department. The necessary order allowing the senior most Assistant Teacher for holding the p ost of Principal till the regular appointment is made shall accordingly be passe d. Till such an order is passed, the present position relating to holding of th e post of Principal of the school in question shall continue, so that the school do not suffer for want of a Principal. The writ petition is accordingly allowed to the extent as indicated above. No c osts.