Page No.# 1/4 GAHC010275812023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WA/198/2024 ABU SALEH SHARIF UDDIN S/O LT. ABDUL JOLIL, VILLAGE KURSHAKATI, P.O- AOLATOLI, P.S- LAKHIPUR, DISTRICT- GOALPARA, ASSAM.PIN-783129. VERSUS HANIF UDDIN AND 6 ORS S/O LATE FAJIL ALI, VILLAGE- KURSHAKATI, P.O- AOLATOLI, P.S- LAKHIPUR, DISTRICT- GOALPARA, ASSAM, PIN-783129. 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM ELEMENTARY EDUCATION DEPARTMENT DISPUR GUWAHATI-06. 3:THE STATE LEVEL SCRUTINY COMMITTEE REPRESENTED BY THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 4:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019. 5:THE DEPUTY COMMISSIONER GOALPARA CUM CHAIRMAN DISTRICT LEVEL SCRUTINY COMMITTEE (PLSC) GOALPARA ASSAM. 6:THE DISTRICT ELEMENTARY EDUCATION OFFICER GOALPARA ASSAM. Page No.# 2/4 7:THE BLOCK ELEMENTARY EDUCATION OFFICER LAKHIPUR DISTRICT- GOALPARA ASSAM For the appellant : Mr. M.A. Sheikh, Ms. F. Intaz, Advocates For the respondents : Mr. A.R. Bhuyan, Advocate for Respondent No.1 Mr. R. Mazumdar, S.C., Elementary Education, Assam for Respondent Nos.2, 3, 4, 6 & 7 Ms. S. Sarma, Govt. Advocate, Assam, for respondent No.5 – B E F O R E – HON’BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR 11-02-2025 (Vijay Bishnoi, C.J.) This writ appeal is preferred by the appellant being aggrieved with the order dated 02.12.2022 passed by the learned Single Judge, whereby the learned Single Judge has interfered with the order dated 10.10.2022, passed by the Director of Elementary Education, Assam declaring the appellant to be senior to the respondent No.1, Hanif Uddin and also concluding that service of the appellant was rightly provincialised. The learned Single Judge has also taken note of the fact that the dispute regarding the seniority between the appellant and the respondent No.1, Hanif Uddin was the subject matter of writ petition, being, WP(C) 2493/2021 and a Coordinate Bench of this Court vide order dated 27.01.2022 remanded the Page No.# 3/4 matter to the Director of Elementary Education, Assam to take a decision on the issue of seniority between the appellant and the respondent No.1, Hanif Uddin by taking into consideration the directions contained in the order dated 27.01.2022. The learned Single Judge has opined that the Director of Elementary Education, Assam while issuing the order dated 10.10.2022 did not comply with the directions given by the Coordinate Bench in its order 27.01.2022, passed in WP(C) 2493/2021 and, therefore, the matter required further adjudication by the Director of Elementary Education, Assam, by taking into consideration the observations made by the Court in its order dated 27.01.2022 passed in WP(C) 2493/2021. 2. Having argued the matter for quite some length, learned counsel for the parties have agreed that the Director of Elementary Education, Assam may be directed to decide the issue regarding the seniority between the appellant and the respondent No.1, Hanif Uddin, as directed by the learned Single Judge in the impugned order, particularly in paragraph 28 thereof. 3. It is contended that since the learned Single Judge has not fixed any time frame in the impugned order for taking a decision, the Director of Elementary Education, Assam may be directed to take a decision on the issue regarding the seniority between the contesting parties within the stipulated time. 4. Taking into consideration the submissions made by the learned counsel for the parties, we deem it appropriate to dispose of this writ appeal with the direction to the Director of Elementary Education, Assam to take a decision on the issue regarding the seniority between the appellant and the respondent No.1, Hanif Uddin as directed by the learned Single Judge in paragraph 28 of the impugned order, within a period of 2 (two) months from the date of production of certified copy of this order. Page No.# 4/4 Ordered accordingly. 5. It is made clear that any party aggrieved by the decision that may be taken by the Director of Elementary Education, Assam, pursuant to this order, is free to approach the appellate authority as provided under Section 14 of the Assam Education (Provincialisation of Services of Teachers and Re-organisation of Educational Institutions) Act, 2017. 6. We further make it clear that till a decision is taken by the Director of Elementary Education, Assam as directed above, the order dated 28.08.2024 passed by this Court directing to maintain status-quo shall remain in currency. JUDGE CHIEF JUSTICE Comparing Assistant