JUDGMENT : 1. Heard Mr. S.P. Deka, learned counsel for the petitioner and Mr. J. Abedin, learned Standing Counsel, Secondary Education Department who appears for Respondent Nos. 1, 3 and 4. 2. The case of the petitioner in brief is that he is a Hindi Praveen pass and he was appointed as Junior Hindi Teacher vide order dated 04.11.1999 by the Director of Education, Bodoland Autonomous Council, Kokrajhar. His appointment was against the vacant post of Junior Hindi Teacher in Rehabari Higher Secondary School. Accordingly, the petitioner joined the school on 05.11.1999. It may be noticed at this stage that the school was initially under the Bodoland Autonomous Council but subsequently it came under the jurisdiction of Non-Bodoland Territorial Council. The Secretary to the Govt. of Assam, Education Department vide notification dated 30.12.1993 has issued the following notification: Dated Kahilipara, the 30th December, 1993 No.B(3)S.888/93/10:: In the interest of public service all the existing posts of Asstt. Teacher in Intermediate scale of pay of Rs. 1185-2395/-P.M. with graduate incumbents of provincialised High/Higher Secondary Schools are upgraded to the post of Asstt. Teacher in graduate scale of pay of Rs. 1375-3375/-P.M. from the date of issue of this order. A Dist.-wise list of total No. of such admissible posts, proposed on the basis of school-wise list received from the respective Inspector of Schools, is enclosed at Annexure-I. It is further emphasized that under no circumstances any non-graduate shall be upgraded on the basis of this order. Sd/- S. Sabhhlok Secretary to the Govt. of Assam Education Department. 3. As may be seen as per the said notification, the existing posts of Assistant Teacher in the Intermediate scale of pay of Rs. 1185-2395 per month with Graduate incumbents of provincialised High/Higher Secondary Schools was upgraded to the post of Assistant Teacher in the Graduate scale-of-pay of Rs. 1375-3375 per month from the date of the notification. In terms of the notification, the petitioner was also granted the Graduate scale-of-pay of Rs. 3580/-to Rs. 8750/-per month with immediate effect vide order dated 03.05.2001 by the Inspector of Schools, Barpeta District Circle, Barpeta. The services of the petitioner as Assistant Teacher of Rehabari Higher Secondary School was subsequently confirmed with immediate effect vide order dated 31.12.2012. 4. In terms of the notification, the petitioner was also granted the Graduate scale-of-pay of Rs. 3580/-to Rs. 8750/-per month with immediate effect vide order dated 03.05.2001 by the Inspector of Schools, Barpeta District Circle, Barpeta. The services of the petitioner as Assistant Teacher of Rehabari Higher Secondary School was subsequently confirmed with immediate effect vide order dated 31.12.2012. 4. The petitioner on 25.01.2014 submitted a representation before the Inspector of Schools, Barpeta District Circle, Barpeta through the School Principal for granting him the benefit of the Graduate scale-of-pay from the date of his joining the school i.e. 05.11.1999. The school Principal accordingly forwarded the petitioner’s representation before the concerned Inspector of Schools vide his forwarding letter dated 06.02.2014 and thereafter, the School Inspector in turn forwarded the same to the Director of Secondary Education, Assam vide his letter dated 15.02.2014. The representation of the petitioner however came to be rejected by the Director of Secondary Education vide the impugned order dated 02.05.2014. Being aggrieved the petitioner is before this Court. 5. Mr. S.P. Deka, learned counsel submits that the petitioner is a Graduate in Hindi and as permitted vide notification dated 30.12.1993, the petitioner should be given the Graduate scale w.e.f. his initial appointment i.e. 05.11.1999 and not from any anterior date. By referring to the impugned order dated 02.05.2014, he submits that the benefit of giving the Graduate scale of pay was said to be only in respect of the list of incumbents whose names were given in the annexure to the notification dated 30.12.1993. However, the fact remains that the petitioner entered service on 05.11.1999 and therefore, there is no occasion for his name to be included in the list and there cannot be any reason for denying him the pay-scale of Graduate teacher. He submits that the Respondent Authorities may therefore be directed to pay the petitioner the Graduate scale for the period w.e.f. 05.11.1999 to 03.05.2001. He also submits that the petitioner otherwise is enjoying the graduate scale as on date except of the aforesaid intervening period. 6. Mr. J. Abedin, learned Standing Counsel, Secondary Education submits that as can be seen from the notification dated 30.12.1993, it was only those teachers who were unlisted in the annexed documents who were given the benefit of Graduate scale-of-pay. This only shows that the benefit so extended is only by way of one time measure. 6. Mr. J. Abedin, learned Standing Counsel, Secondary Education submits that as can be seen from the notification dated 30.12.1993, it was only those teachers who were unlisted in the annexed documents who were given the benefit of Graduate scale-of-pay. This only shows that the benefit so extended is only by way of one time measure. He further submits that the petitioner nevertheless was granted the Graduate scale-of-pay vide order dated 03.05.2001 with immediate effect and which he had gladly accepted without any objection whatsoever. It was only in the year 2014 by filing the representation before the Respondent Authorities concerned i.e. on 25.01.2014 that he started claiming Graduate scale-of-pay w.e.f. the date of his appointment i.e. 05.11.1999. For the delay in making such a claim, the petitioner has not tendered any explanation and therefore it is clear that the petitioner has accepted the decision and he has waived his right to make any claim. 7. Mr. J. Abedin, learned Standing Counsel further submits that in fact, the grant of Graduate scale-of-pay to Graduate Teachers holding the post in Intermediate scale has long since been discontinued by the State Government vide Office Memorandum dated 18.11.2011. Therefore, the continuation of the petitioner in enjoying the graduate scale-of-pay itself is questionable. He submits that the substantive appointment of the petitioner is Junior Hindi Teacher and therefore, there cannot be any justification in granting him the Graduate pay-scale. The learned Standing Counsel has further referred to the Assam Secondary Education (Provincialisation) Service Rules, 1982 more particularly of Schedule-2 and submits that Graduate teachers of High School are included in the cadre of Grade-IV whereas, the Junior Hindi Teacher of a High School are in the cadre of Grade-VI. Therefore, there is clearly a distinction between the two posts and they cannot be equated much less, in so far as the pay-scale is concerned in the context of the present case. He therefore submits that under the facts and circumstances, no case has been made out for interference by this Court and the writ petition should be dismissed. 8. I have heard the submissions advanced by the learned counsels for the rival parties and I have perused the materials available on record. He therefore submits that under the facts and circumstances, no case has been made out for interference by this Court and the writ petition should be dismissed. 8. I have heard the submissions advanced by the learned counsels for the rival parties and I have perused the materials available on record. As may be seen the State Government in the Secondary Education Department vide notification dated 30.12.1993 had promoted the Graduate incumbents serving in the post of Assistant Teacher in the intermediate scale-of-pay as Graduate scale-of-pay from the date of notification. The same notification provides that a district wise list of the total numbers of admissible posts received from the respective Inspector of Schools, school wise was enclosed. The petitioner entered service w.e.f. 05.11.1999 and initially, he was appointed by the Director of Education of Bodoland Autonomous Council but subsequently, when the school came under the jurisdiction of a Non-Bodoland Territorial Council area, the petitioner while continuing with his service was allowed the Graduate pay-scale vide order dated 03.05.2001 with immediate effect. The stand taken by the Respondent Authorities is that the process of allowing Graduate incumbents holding the post in Intermediate scale to draw a Graduate pay-scale was discontinued vide Office Memorandum dated 18.11.2011. However, the fact remains that despite the claim for such discontinuance, the petitioner as Junior Hindi Teacher continues to draw the Graduate pay-scale w.e.f. 03.05.2001. A perusal of the impugned order dated 02.05.2014 would go to show that teachers who were found to be eligible for getting the Graduate scale-of-pay have been enlisted in the annexure of the notification dated 30.12.1993. However, the notification by itself does not indicate that the same is by way of a one time measure. The impugned order dated 02.05.2014 further shows that by taking the precedent of the benefit given to Intermediate teachers in the Graduate pay-scale, many others teachers were also allowed the same benefit. The State Government had also taken steps by issuing orders to stop submitting any proposal for up-gradation of the pay-scale of Intermediate teachers having Degree qualification to the pay-scale of a Graduate Teacher. Despite such endeavours as highlighted in the impugned order, the facts remains that teachers as such as the petitioner continued enjoying the graduate pay-scale. The State Government had also taken steps by issuing orders to stop submitting any proposal for up-gradation of the pay-scale of Intermediate teachers having Degree qualification to the pay-scale of a Graduate Teacher. Despite such endeavours as highlighted in the impugned order, the facts remains that teachers as such as the petitioner continued enjoying the graduate pay-scale. Considering the entire aspect of the matter, I am of the considered view that if the petitioner could be extended the Graduate pay-scale w.e.f. 03.05.2001, there is no reason as to why he should be denied of the benefit from the date of his appointment i.e. 05.11.1999. Moreso, keeping in mind the fact that the notification was issued way back in 30.12.1993. The petitioner no doubt has not given any reason for the delay in claiming the benefit but however, considering the fact that no rights of any third party is effected by such delay, the delay in making such a claim by itself may not be fatal. In that view of the matter, I am of the considered view that the petition deservers to be allowed. In the result, the impugned order dated 02.05.2014 (Annexure-VIII) is set aside and the Respondent Authorities shall give the petitioner the Graduate scale-of-pay for the period w.e.f. 05.11.1999 to 02.05.2001 within a period of 4 months from the date of receipt of certified copy of this order. Needless to mention herein that the amount already received by the petitioner shall be adjusted. 9. The petition accordingly stands allowed. No cost.