WP(C) 5804/2010 BEFORE THE HON’BLE MR. JUSTICE AMITAVA ROY Heard Mr. PJ Saikia, learned counsel for the petitioner and Mr. SK Das, learned Standing Counsel, Education Department, Assam. Also heard Mr. Phukan, learned co unsel for the respondent No. 4. The pleaded version of the petitioner in short would be necessary to provide the factual backdrop. The petitioner, who was the founder teacher of Gali M.E. Scho ol, was regularized as Hindi Teacher thereat vide order dated 01.10.1985, follow ing the provincialisation of the institution. He was, thereafter, transferred to Mingmang Nalbari ME School against a vacant post in the same capacity. Accordin g to him, being approached by the respondent No. 4 for a mutual transfer he cons ented thereto and consequently, she (respondent No. 4) was transferred to Dhemaj i Town ME School from Bechamora Janajatia ME School to which he (petitioner) was posted. Both the incumbents duly joined their respective schools on such transf er. While the matter rested at that, vide order dated 15.05.2010 of the District Ele mentary Education Officer, Dhemaji, they were sought to be reverted to their res pective schools. Being confronted with this situation, the petitioner approached this Court with WP(C) No. 4273/2010, in which by order dated 13.08.2010, status quo in respect of the post of Hindi Teacher in Bechamora Janajatia ME School wa s directed to be maintained. The petitioner claims that by virtue of the said or der he has been continuing in that school. As inspite of this arrangement, by or der dated 25.08.2010 the same authority sought to revert him to Gali ME School, he has instituted the present proceeding. The respondent No. 2, Director of Elementary Education, Assam, in substance, whi le admitting the above sequence of events has sought to justify the impugned ord er on the ground that thereby certain inadvertent errors in the matter of postin g of the petitioner and respondent No. 4 have been sought to be rectified. The respondent No. 4, though is represented as above, has not filed her counter. This Court by way of a practical measure had required the learned Standing Couns el, Education Department to ascertain vacancy, if any, in a nearby school in the post of Hindi Teacher to accommodate one of the contending parties. Mr. Das, ha s produced written instructions contained in the communication No. EHA-170/2010/ 144, dated 21.05.2011 of the District Elementary Education Officer, Dhemaji to t he effect that a post of Hindi Teacher is lying vacant at Rupnath Brahma ME Scho ol around Dhemaji town w.e.f. 01.01.2010 till date. The aforementioned communication would forma a part of the record. On being queried by this Court, on instructions Mr. Phukan has submitted that th e respondent No. 4 has no objection if she is accommodated against the aforement ioned post. Upon hearing the learned counsel for the parties and on a consideration of the p leadings on record as well as the aforementioned input, it is considered expedie nt to put an end to the lingering controversy. The instant proceeding is thus cl osed with a direction to the State respondents to post the respondent No. 4, Rup a Gogoi as Hindi Teacher at Rupnath Brahma ME School without further delay. Needless to say, the State respondents would, following this arrangement, examin e the service entitlements of the incumbents herein and pass appropriate order(s ) to that effect in accordance with law after hearing them, if necessary. The pe tition stands disposed in the above terms. No costs.