WA 65/2011 BEFORE HON’BLE THE CHIEF JUSTICE MR. MADAN B. LOKUR HON’BLE MR. JUSTICE A.C. UPADHYAY The appellants are aggrieved by an order dated 18.5.2010 passed by a learned Sin gle Judge in WP(C) 5723/2005. At the out set, we may mention that the appellants are not parties to the writ p etition but are aggrieved by the final order passed by the learned Single Judge. The appellants have been granted leave to appeal and that is how the present app eal is now before us. It appears that the appellants were appointed on an intermediate scale of pay as Assistant Teacher in the Department of Education. According to the appellants, on the basis of a Circular dated 12.6.1981 issued by one S. Dutta, Director of P ublic Instruction, Assam, they were entitled to the graduate scale of pay. This was also the contention of the writ petitioners. The learned Single Judge found that at the relevant time there was no person by the name S. Dutta who was the Director of Public Instruction, Assam and in fact, the Circular dated 12.6.1981 sought to be relied upon was a fabricated document . Accordingly, the learned Single Judge rejected the prayer of the writ petition ers. By doing so, the learned Single Judge noted that it will be open for the r espondents to withdraw the order by which some teachers have been given graduate scale of pay. While doing so, they may be issued with appropriate notice and op portunity of being heard . The appellants object to this direction. The grievance of the appellants is that though they were not a party before the learned Single Judge, liberty has been granted to the respondents to withdraw th e graduate scale of pay granted to them also. It is quite clear from the impugned judgment and order that any action that is t aken by the respondents will be only after an appropriate notice is given to the appellants and an opportunity of being heard. We are told that so far no such precipitate action has been taken by the respond ents to withdraw the graduate scale of pay granted to the appellants. If any pre cipitate action is taken by the respondents, the appellants are of course entitl ed to be heard in the matter and if necessary they may also challenge the order passed by the learned Single Judge. Leave and liberty is granted to the appellants in this regard. With the above observations, this writ appeal is disposed of.