WP(C) 6315/2010 BEFORE HON’BLE MR JUSTICE H. BARUAH Heard Mr S. Nath, learned counsel for the petitioner and Mr. M.R. Pathak, learn ed Standing counsel, Education Department for the respondent Nos 1, 2 and 3. As agreed to by the learned counsel for the parties, this writ petition is taken up for disposal at the motion stage. The petitioner was appointed as Classical teacher at A.R.& T Cos High S chool, Margherita in the District of Dibrugarh vide order dated 31.12.1980 issue d by the Inspector of Schools, Dibrugarh District Circle. Subsequently, the peti tioner was transferred against a vacant post at Deshbandhu Vidyapith Higher Seco ndary School at Hojai and accordingly she joined in the said School on 17.6.1993 . It is contended that that the petitioner was initially appointed against a sanct ioned post and she had joined on 20.1.1981. Therefore, she is entitled to senior ity against Sri Deepak Das, respondent No.5, who joined in the service on 10.9. 89. The seniority list (Annexure-IV) was prepared on 28.11.2008. In the said se niority list, the name of petitioner stands at Sl. No. 14 , while the name of Sr i Deepak Das, respondent No.5 stands at Sl. No. 12, who is junior in terms of th e date of appointment. The petitioner, therefore, being aggrieved with his plac ement in the seniority list has approached this court for issuance of a directio n to the appropriate authority to place her seniority above Sri Deepak Das, resp ondent No.5 whose name appears at Sl.No.12 in the provisional list. It is stated that the petitioner has on several occasions submitted representati ons before the appropriate authority to consider her claim. It is also stated th at the petitioner submitted her last representation on 7.1.2009 (Annexure-VI) be fore the Joint Director of Secondary Education, Assam, Guwahati to take appropri ate decision in respect of her seniority, but till date no decision has been t aken by the appropriate authority. Mr. M.R.Pathak, learned Standing counsel, Education Department submits that the seniority of a particular teacher is guided by Rule 24 of the Assam Secondary Ed ucation (Provincialised) Service Rules, 2003 and in case of M.E. School regardi ng the seniority in respect of any teacher, such dispute is required to be taken care of by the Government, whose decision shall be final. In view of the Clause (viii) of Sub-rule (2) of Rule 24, Mr. Pathak submits that the matter may be referred to the Government for final decision and while doi ng so, the Government shall give an opportunity to the respondent Nos. 4 and 5 of being heard. Mr Pathak, therefore, submits that the entire matter may be ref erred to the Government for taking a final decision in respect of seniority of t he petitioner. Mr. Nath, however has not resisted to the submission made by Mr. Pathak. In view of the above facts and the submissions made by the learned counsel for t he parties, this Court finds it appropriate to refer the entire matter to the Go vt. for taking an appropriate decision in respect of the seniority of the petit ioner. Ordered accordingly. It is made clear that the whole exercise shall be completed within a period of t hree months from the date of receipt of the certified copy of this order. With the above observations and directions, the writ petition stands disposed of