ORDER : (MANASH RANJAN PATHAK, J.) Heard Mr. S Chauhan, learned counsel for the review petitioners and Ms. S Konwar, learned Standing counsel, Department of School Education, Assam for the respondent Nos. 1, 3 & 4. 2. Earlier the present review petitioners filed the connected writ petition, WP(C) No. 6596/2022, praying amongst others, for a direction to the respondents therein to re-fix their pay scale and to provide them with financial benefits since all of them entered into service after 01.01.1989, after the Assam Services (Revision of Pay) Rules, 1990 came into force. 3. In said WP(C) No. 6596/2022, the petitioners stated that petitioner Nos. 1, 2 & 5 were appointed as LDA cum Typist by order dated 16.02.1989 and they joined their services on 17.02.1989 in the District of Darrang. The petitioner Nos. 4 & 6 joined service on 21.06.1989 and all of them joined on or after 01.01.1989 but before publication of the Assam Services (Revision of Pay) Rules, 1990 that came into force w.e.f. 01.01.1989, which was published on 11.12.1990. 4. According to the petitioners, provisions of Rule 11 (2) of said ROP Rules, 1990 provides that – a Government servant who entered into service on or after 01.01.1989 but before publication of said ROP Rules, 1990 he is brought over to the revised scale w.e.f. a date, subsequent to the date of his/her appointment and as such, all the petitioners are entitled for re-fixation of revised scale of pay w.e.f. from the date of their joining and with the date of their next increment. 5. While disposing of said WP(C) No. 6596/2022 of the petitioners, by order dated 27.01.2023, the Court observed as follows – 2. For proper adjudication of this case, the Director of Education, BTC as well as the District Elementary Education Officer, Udalguri are impleaded as party respondent Nos. 5 & 6 in the present proceeding. 3 to 8. …………………………………………………………. 9. According to the petitioners, as per the provisions of said 1990 Rules of the State Government, the scale of pay of such LDA cum Typist was fixed at Rs. 1165 per month, but inadvertently their scale of pay was fixed at Rs. 1065 per month, instead of Rs. 1165/- per month. 10. Being aggrieved, they submitted representations before the Director of Elementary Education, Assam as well as before the District Elementary Education Officer, Darrang, Mangaldai, i.e., their joining authority. 11. 1165 per month, but inadvertently their scale of pay was fixed at Rs. 1065 per month, instead of Rs. 1165/- per month. 10. Being aggrieved, they submitted representations before the Director of Elementary Education, Assam as well as before the District Elementary Education Officer, Darrang, Mangaldai, i.e., their joining authority. 11. After due verification, the District Elementary Education Officer, Darrang, Mangaldai vide communication No. DEA-150/2016/3069 dated 09.10.2018 forwarded the representations of the petitioners for re-fixation of their pay scale w.e.f. 01.01.1999 in terms of said 1990 Rules. 12. As the respondents herein till date did not consider their case for re-fixation of their salaries as per their entitlement and as provided in the said 1990 Rules, it is stated by them that they have suffered irreparable financial loss as they are paid lesser amount of salary compared to their counterparts who served as LDA cum Typist in their respective offices at the relevant point of time. 13. Petitioners are directed to submit fresh representations individually, before the Director of Education, BTC for redressal of their grievances regarding wrong fixation of their salaries at Rs. 1065/- per month w.e.f. 01.01.1989 instead of Rs. 1165/- per month as per the Assam Services (Revision of Pay) Rules, 1990, along with a certified copy of this order. 14. In the event of filing such representations by the petitioners individually as directed above, the Director of Education, BTC through the District Elementary Education Officer, Darrang, Mangaldoi and the District Elementary Education Officer, Udalguri, as the case may be, shall verify, determine and fix the pay scale of the petitioners as per their entitlement considering their appointments and the dates of joining in the month of February, 1989. 15. It is to be noted herein that earlier the Office of the Deputy Inspector of Schools, Udalguri was within the jurisdiction of the District Elementary Education Officer, Darrang and after the Udalguri district was brought under the BTC, it is now under the jurisdiction of the Department of Education, BTC. 16. 15. It is to be noted herein that earlier the Office of the Deputy Inspector of Schools, Udalguri was within the jurisdiction of the District Elementary Education Officer, Darrang and after the Udalguri district was brought under the BTC, it is now under the jurisdiction of the Department of Education, BTC. 16. On such verification of the appointment orders of the petitioners and on fixation of their salaries in terms of the said 1990 Rules, noted above, if those authorities find any wrong fixation of their salaries in the post of LDA cum Typist, those authorities shall submit their report before the Director of Education, BTC forthwith preferably within a period of 2 months from the date of receipt of the representations of the petitioners as directed above. 17. Thereafter, the Director of Education, BTC shall submit the necessary recommendation to the Secretary to the Department of School (Elementary) Education, Assam, who in turn shall forward the same to the Finance Department of the State. 18. On receipt of such recommendation from the Secretary to the Department of School (Elementary) Education, Assam, the Finance Department of the State after due verification shall pass necessary order determining the scale of pay entitled by the petitioners in terms of the Assam Services (Revision of Pay) Rules, 1990 and if, on such determination of the Finance Department it is found that the petitioners are entitled for enhanced scale of pay in terms of the said 1990 Rules, the authorities concerned in the Finance Department shall give its concurrence of all such financial benefits to the petitioners as per their due entitlement. 19. The entire process, as noted above, shall be completed by the respondent authorities within a period of Six months from the date of receipt of individual representation of the petitioners to be submitted by them as directed above, intimating the petitioners about the outcome of the same. 20. With the above observation and directions, this writ petition stands disposed of. 6. In this review petition, the petitioners of WP(C) No. 6596/2022 stated that the Director of Education, BTC as well as the District Elementary Education Officer, Udalguri who were impleaded as party respondent Nos. 5 & 6 in the said writ petition by order dated 27.01.2023 at Para-2 are not a necessary party as none of them retired under either of those two authorities. 7. 5 & 6 in the said writ petition by order dated 27.01.2023 at Para-2 are not a necessary party as none of them retired under either of those two authorities. 7. Similarly, submission of fresh representation before the Director of Education, BTC as specified at Para-13 of order dated 27.01.2023 in WP(C) No. 6596/2022 as well as mentioned at Para-14 of the said order dated 27.01.2023 that the Director of Education, BTC through the District Elementary Education Officer, Udalguri shall verify, determine and fix the pay scale of the petitioners are also not required. 8. Further, the direction given in Para Nos. 16 as well as 17 in the said order dated 27.01.2023 passed in WP(C) No. 6596/2022 are also not necessary as the Director of Education, BTC as well as District Elementary Education Officer, Udalguri are no way connected with regard to the benefits claimed by the petitioners in said WP(C) No. 6596/2022. 9. Hence, this review petition for suitable review/modification and/or alteration of the order dated 27.01.2023 passed in WP(C) No. 6596/2022. 10. Ms. S Konwar, learned Standing counsel, Department of School Education placed the communication No. DESE-214/H.C./2022/4186 dated 18.03.2024 of the District Elementary Education Officer (DEEO), Darrang, Mangaldai clarifying that the review petitioner Nos. 1 & 3, namely, Smt. Charu Kalita and Sri. Premeswar Deka, who were transferred to the Office of the Block Elementary Education Officer (BEEO), Dalgaon Sialmari Block and Sipajhar Education Block, respectively, on their promotion retired as Head Assistants from the office of the Deputy Inspector of Schools, District-Darrang, at Mangaldai. 11. In his said communication dated 18.03.2024, the DEEO, Darrang, Mangaldai, also clarified that the review petitioner No. 2, Rabin Dey and the review petitioner No. 5, Sri Kiriti Bora retired from his establishment i.e., the Office of the District Elementary Education Officer, Darrang, Mangaldai. 12. Ms. S Konwar, learned Standing counsel, Department of School Education, Assam also placed the communication No. DIS/MLD/Cort/2021/ 1357 dated 18.03.2024 of the Deputy Inspector of Schools, Darrang, Mangaldai that indicates that the review petitioner No. 4, Paramesh Chandra Nath was serving in the Office of the Deputy Inspector of Schools, Darrang at Mangaldai and he was not transferred out from the said establishment during his service career, who retired from service on 30.04.2020 from the said Office of the Deputy Inspector of Schools, Darrang at Mangaldai, as a Senior Assistant. 13. 13. It is also stated that review petitioner No. 6, Md. Iyar Mahammad, who earlier served in the Office of the Deputy Inspector of Schools, Udalguri was transferred by order dated 27.06.2005 and was posted in the Office of the District Elementary Education Officer, Darrang at Mandaldai and he retired from service on 31.01.2020 from the said office of DEEO, Darrang, Mangaldai on attaining the age of superannuation. 14. Considering the above, the Court is of the view that the order dated 27.01.2023 passed in WP(C) No. 6596/2022 needs to be modified and/or reviewed. For that purpose the earlier order dated 27.01.2023 passed in WP(C) No. 6596/2022 is hereby recalled and decided to dispose said WP(C) No. 6596/2022 by a fresh order. 15. With the above observations, this review petition stands allowed. 16. WP(C) No. 6596/2022 that was disposed of on 27.01.2023 be restored to the file.