Page No.# 1/4 GAHC010175822025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4644/2025 SMT HIRAMAI SONOWAL AND 2 ORS W/O- PREMA KUMAR BORAH, R/O- WARD NO. 5, DHEMAJI, ASSAM, PPIN- 787057. 2: DIPEN GOGOI S/O- LATE RAMA GOGOI R/O- VILL.- BUHABHAKAT P.O. KALAKATA ASSAM, PIN- 787058. 3: KUNTAL CHUTIA S/O- LATE MOTIRAM CHUTIA R/O- VILL.- NALANIPAM DHEMAJI ASSAM, PIN- 787057 VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, SECONDARY EDUCATION DEPARTMENT, JANATA BHAWAN, DISPUR, GUWAHATI -781006. 2:COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM SECONDARY EDUCATION DEPARTMENT JANATA BHAWAN DISPUR, GUWAHATI -781006. 3:THE DIRECTOR OF SECONDARY EDUCATION ASSAM, KAHILIPARA GUWAHATI PIN- 781019. 4:THE INSPECTOR OF SCHOOLS Page No.# 2/4 DHEMAJI DISTRICT CIRCLE BHARALICHUK DHEMAJI ASSAM, PIN 787057 5:MRIDUSMITA CHUTIA W/O- SRI PRANAB NEOG R/O- NAMTI KARUNASAGAR GAON P.O. MICHAJAN DIST. SIVASAGAR ASSAM, PIN- 785684. 6:SMTI KALPANA GOGOI D/O- SRI NOMAL GOGOI R/O- FULL PANISINGA MAJUMATIA GAON P.O. FULL PANISINGA DIST. SIVASAGAR ASSAM, PIN- 785685. 7:SRI JUGANTAR LAHAN S/O- SRI SUNIL KUMAR LAHON R/O- HATIMURIA GAON P.O. MORABAZAR DIST. SIVASAGAR ASSAM, PIN- 78568 Advocate for the Petitioner : MR P R SARMA, MR D MEDHI,MR. A HUDA Advocate for the Respondent : SC, SEC. EDU., BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN ORDER 20.08 .2025 Heard Mr. P.R. Sarma, learned counsel for the petitioners and also heard Ms. P. Das, learned standing counsel, Secondary Education Department, appearing for the respondent Nos.1—4. 2. In this petition, under Article 226 of the Constitution of India, the petitioners have prayed for issuing direction to the respondent authorities to consider the representation Page No.# 3/4 dated 11.07.2025 submitted by the petitioners to the Director of Secondary Education, Assam and further to consider the inter-se seniority of the petitioners from their initial date of appointment i.e. 27.03.2001, 28.03.2001 and 29.03.2001, respectively, in the light of the Notification No.ELC/WP(C)763/2013/92/601, dated 26.02.2021. 3. Mr. Sarma, learned counsel for the petitioners submits that the petitioners have been serving as Assistant Teacher (Graduate) in different schools of Dhemaji district, Assam. They joined as Assistant Teacher in the year 2001, and since then they have been rendering their services in their respective schools. Then, vide Notification No.ELC/WP(C)763/2013/92/605, dated 26.02.2021, they were given the benefit of regular time scale of pay as per ROP Rules and also notional pay from their date of joining. Mr. Sarma, further submits that in case of similarly situated Teachers (proforma respondent Nos.5—7), who are also serving in different schools in Sivasagar district, and had joined services as Assistant Teachers in the year 2001, had been extended the benefit under Notification No.ELC/WP(C)763/2013/92/605, dated 26.02.2021, issued by the Government of Assam, Secondary Education Department and they are discharging their duties in the post of Headmaster and Headmistress in-charge, in their respective schools, pursuant to the orders dated 21.12.2023, 06.01.2024 and 13.03.2025, respectively. 3.1 Mr. Sarma, further submits that the names of the proforma respondents were also included in the draft gradation list published regarding provisional list of Graduate Teachers in respect of provincialized schools, under Sivasagar district of Assam. But, no such gradation list has been prepared in case of the petitioners, who are similarly situated and as such, the petitioners have not been able to get promotion to the next higher post and are still serving as Assistant Teacher (Graduate). Mr. Sarma, further submits that the petitioners have preferred representation before the Director of Secondary Education on 11.07.2025 for granting them the benefit of seniority, as per Notification No.ELC/WP(C)763/2013/92/601, dated 26.02.2021. But, the same failed to evoke any response and therefore, they have approached this Court by filing the present petition for issuing direction to the respondent authorities to consider representation dated 11.07.2025 (Annexure-12 series). Page No.# 4/4 4. Per contra, Ms. Das, learned standing counsel for the respondents in Secondary Education Department, submits that she has no objection if the present writ petition is disposed of by directing the respondent authorities to consider their representation, in accordance with law, and in terms of the Notification No.ELC/WP(C)763/2013/92/601, dated 26.02.2021. 5. Having heard the submission of learned counsel for both the parties, I have carefully gone through the petition and the documents placed on record and also perused the representation dated 11.07.2025 filed by the petitioners to the Director of Secondary Education, Kahilipara, Guwahati, Assam. 6. It appears that the basic grievance of the petitioners is that their names have not been included in the gradation list for regular Headmaster of High Schools of Dhemaji district and their seniority in service have not been given counted from the date of their joining, whereas in case of proforma respondent Nos.5—7, who were serving in Sivasagar district, have already been extended the said benefit. 7. Under the given facts and circumstances and also taking note of the submission of learned counsel for both the parties, this Court is inclined to dispose of this petition by directing the respondent No.3, the Director, Secondary Education, Kahilipara, Guwahati, Assam, to consider the representation of the petitioners and to examine the matter and if proforma respondent Nos.5—7, had been given the benefit and if the present petitioners are also similarly situated, then the same benefit shall be extended to them also. The aforementioned exercise has to be carried out within a period of 3(three) months from the date of receipt of certified copy of this order. 8. In terms of above, the present writ petition stands disposed of. Comparing Assistant Sd/- Robin Phukan JUDGE