WP(C) 4409/2008 BEFORE HON’BLE MR. JUSTICE AMITAVA ROY Heard M.A. Shiekh, learned Counsel for the petitioner and Mr. Mi shra, learned Standing Counsel, Education Department. Also heard Mr. K.K. Mahant a, learned Counsel for the respondent No. 6. The tussle relates to inter se seniority between the petitioner and the respondent No. 6 in the post of Assistant Teacher at Rampur Pam Adarsha M.E. Madrassa (hereafter referred to as the School). For the order proposed to b e passed, it is not considered necessary to dilate on the factual details. Suffi ce it to mention that the issue of inter se seniority has remained unresolved as on date inspite of a series of litigation between them. Though this Court by or der dated 30/9/2008 while issuing notice of motion had indicated that the issue of inter se seniority between the petitioner and the respondent No. 6 ought to b e decided by the concerned departmental authority, it is submitted at the Bar th at no decision has yet been taken. The learned Counsel for the parties without prejudice to their r ights and contentions have submitted that it would be in the fitness of things t hat this proceeding be closed with a direction to the Director of Elementary Edu cation, Assam, to record a decision in the issue after affording a reasonable op portunity of hearing to both sides. Mr. Mishra has no objection to the mode of disposal suggested. In the above view of the matter, having regard to the factual pr obe that would be called for to decide the lingering issue, the instant petition is closed with a direction to the Director of Elementary Education, Assam, to d ecide the question of inter se seniority between the parties by affording them r easonable opportunity of hearing in connection thereto. As the parties are engag ed in this controversy for long, the exercise as indicated hereinabove should be completed within a period of six weeks from the date of receipt of the certifie d copy of this order. No costs.