WP(C) 3792/2011 BEFORE THE HON’BLE MR. JUSTICE T VAIPHEI Heard Mr MH Choudhury, the learned counsel for the petitioner and Mr N R ajkhowa, the learned Standing counsel for the Education Department. The petitioner is aggrieved by the order dated 17.06.2011 issued by the District Elementary Education Officer, Dhubri District keeping the office order dated 30 .05.2011 in abeyance following the order dated 2.6.2011 passed by the learned Mu nsiff, Dhubri in Misc. (J) 92/2011. There is no dispute that the petitioner was appointed on 23.3.2008 as Science Graduate Teacher by the Headmaster-cum-Secret ary of the KH Memorial ME Madrassa. According to the petitioner, since his appo intment, he had been holding the post of Assistant Teacher, but was demoted to t he post of Additional Teacher which is carrying no salary and without any financ ial assistance from the school authority. Aggrieved by this, the petitioner fil ed a suit for declaration and permanent injunction before the learned Munsiff, D hubri. There is also no dispute that on instituting this suit, the District El ementary Education Officer, Dhubri issued the order dated 30.05.2011 declaring t hat the petitioner would continue his services in the same school with the same status and would be entitled to get the financial benefit granted to the school by the Government from time to time. In the meantime, following the order of th e District Elementary Education Officer, Dhubri, the petitioner had instructed h is lawyer to withdraw the application for temporary injunction filed before the learned Munsiff. The learned Munsiff, however, rejected the application. Appa rently taking a cue from this order, the District Elementary Education Officer, Dhubri issued the impugned order, which is under challenge in this writ petition . Rightly or wrongly, the District Elementary Education has already passed the order pursuance to the order dated 2.6.2011 passed by the learned Munsiff reject ing the application for temporary injunction. In my opinion, until and unless t he order of the learned Munsiff is set aside by the appellate court, I do not fi nd any ground for interfering with the impugned order, which is an offshoot of t he order of the learned Munsiff. Under the circumstances, I hold this writ peti tion not maintainable in the present form. The writ petition is accordingly dis missed. However, it shall be open to the petitioner to approach the appropriate forum for challenging the order dated 2.6.2011 passed by the learned Munsiff, D hubri in Misc. J) 92 of 2011 for appropriate relief. The parties are however, d irected to bear their respective costs.