WP(C) 5595/2010 BEFORE HON’BLE MR. JUSTICE HRISHIKESH ROY Heard Mr. B Sarmah, learned counsel appearing for the petitioner in WP(C) No.559 5/2010. Also heard Mr. PS Lahkar, learned counsel appearing for the respondent N o.5 and the petitioner in WP(C) No.5906/2010. Mr. SK Das, learned standing couns el appears for the official respondents in both the cases. 2. The petitioner and the respondent No.5 are serving as Assistant Teachers in Rukminigaon Balika Vidyalaya, which was provincialised with effect from 1st February, 1994. The services of both the petitioners were also provincialised fr om the date of provincialisation of the School. 3. Because the petitioner was drawing a consolidated salary of Rs.200/- til l provincialisation and the respondent No.5 was paid consolidated salary of Rs.2 50/-, the respondent No.5 claims seniority over the writ petitioner. 4. Since under the norms posting of in-charge Head Mistress is made by cons idering the seniority of the serving teachers, the issue of seniority between th e petitioner and the respondent No.5 is required to be resolved in this case. 5. On the last date, the learned counsel for the respondent No.5 had submit ted that the seniority dispute between the two contesting parties be referred fo r adjudication of the Government under the Assam Secondary Education (Provincial isation) Service Rules, 2003 (hereinafter referred to as ’the Rules’) . The lear ned counsel appearing for the petitioner Mr. B Sarmah in response submits that r espondent No.5 is agreeable to a reference under Rule 24(8) of the Rules. But he submits that a time frame be stipulated for the decision by the Government. 6. In view of above and having heard the learned standing counsel for the E ducation Department, a direction is issued to the Commissioner & Secretary, Depa rtment of Secondary Education to adjudicate on the seniority dispute between the writ petitioner Smti Rubi Sarmah and the respondent No.5, Smti Ranu Sarmah. A h earing may be afforded to both the parties before a decision is rendered. The ne cessary exercises in this regard be completed within a period of two (2) months from the date of receipt of a copy of this Court’s order. 7. The cases are disposed of accordingly.