WP(C) 909/2009 BEFORE THE HON’BLE MR. JUSTICE P.K. MUSAHARY Heard Mr. T.C. Chutia, learned counsel for the petitioner as well as Mr. S. Bort hakur alongwith P.K. Medhi, learned counsel, representing the respondent No. 4. I have also heard Mr. M.K. Choudhury, learned Sr. Standing Counsel, assisted by Mr. U.K. Goswami, learned Standing Counsel, Education Department. The petitioner is aggrieved by Annexure-5 and 8 orders dated 20.12.2006 and 1.2. 2008, by which, the respondent No. 4 was allowed to hold the charge of the post of Headmaster of the particular school and the position relating to the same was confirmed. It is the grievance of the petitioner that he had been deprived of h is seniority. The respondent No. 4’s seniority is said to be governed by Rule 24 (2)(ii) of the Assam Secondary Education (Provincialisation) Service Rules, 200 3. The said Rule has since been struck down by the Full Bench of this Court in W .A. No. 128/2005 and other batch of writ appeals and writ petitions. The petitioner was appointed in 1986. He was given graduate scale of pay with ef fect from 26.12.1991, on which date the school was provincialised. The responden t No. 4 was also provided graduate scale of pay from the same date. While it is the case of the petitioner that he having obtained graduate degree prior to the respondent No. 4, he is entitled to count seniority from earlier point of time, it is the case of the respondent No. 4 that both the incumbents having been prov ided with graduate scale of pay from the same date, the respondent No. 4 would r ank senior to the petitioner by virtue of his earlier service. In view of the above controversy, the writ petition is dispose of directing the Government of Assam in the Education Department to decide the issue afresh takin g into account the aforesaid Full Bench decision of this Court and after hearing both the parties and on the basis of the relevant materials available on record . Entire exercise shall be carried out as expeditiously as possible, preferably wi thin three months from today. Writ petition is disposed of.