WP(C) 5143/2009 BEFORE THE HON’BLE MR. JUSTICE AMITAVA ROY Heard Mr. PD Nair, learned counsel for the petitioner and Dr. B Ahmed, learned Standing Counsel, Irrigation Department. The challenge is to the order dated 18.09.2009 of the Secretary, Government of Assam, Irrigation Department, Guwahati, whereby, the petitioner w as transferred as Executive Engineer, Dibrugarh Mechanical Division, (T) Dibruga rh. By a notification of the same date, the respondent No. 4 has been posted at his present place of posting i.e. Mangaldoi. As the petitioner is scheduled to retire from service on 31.01.2010, viewing his said transfer to have the potent ial of thoroughly dislocating his family as well as his future plans, he, meanwh ile has submitted a representation on 29.09.2009 before the Secretary, Governmen t of Assam, Irrigation Department, Guwahati seeking his intervention to recall t he impugned notification. The petitioner has stated that the said representatio n has not yet been disposed of. He has also made a statement on oath in the pet ition that as on date, the impugned order of transfer has not been given effect to. After hearing the learned counsel for the parties and on a consi deration of the averments made in the writ petition supported by an affidavit, a nd more particularly, taking note of the impending retirement of the petitioner on 31.01.2010, this Court considers it expedient to dispose of the writ petition with a direction to the Secretary, Government of Assam, Irrigation Department, Dispur, Guwahati to consider and dispose of the petitioner’s representation on m erit. This would be done within a period of 10 (ten) days from the date of rece ipt of the certified copy of this order. The petitioner would submit a certifie d copy of this order within a period of 48 hours herefrom. If the same is done, within the time frame, as fixed, a decision would be taken on the representatio n on merits and in accordance with law. Needless to say, the concerned authority is expected to bear in mind while disposing of the representation the fact that the petitioner is sched uled to retire from service on 31.01.2010. For this period of twelve days, the impugned order of transfer v is-a-vis the petitioner, shall not be given effect to. The petition stands disp osed in the above terms. No costs.