MC 758/2009 BEFORE HON’BLE MR. JUSTICE HRISHIKESH ROY Heard Mr. P. Sarma, learned counsel for the petitioner. Also heard Mr. S. Shyam, learned counsel appearing for respondent No. 6 who has filed Misc. Case No. 715 /09 seeking recall of the interim order dated 2.3.09. Mr. D. Das, learned Standi ng Counsel appears for respondents No. 3 and 4. On 2.3.09 this Court passed an interim order with regard to the transfer order d ated 30.12.09 whereby the writ petitioner, a Junior Engineer was transferred fro m Borobazar TD Block and was posted at Kokrajhar Development Block. By the same transfer order, the respondent No. 6 Pranjal Saikia, functioning as Junior Engin eer in Tamulpur Block, was transferred and posted at the Borobazar TD Block wher e the writ petitioner was functioning. This Court passed the interim order, as c an be seen from the order itself, on the ground that the BTC authorities may not have any jurisdiction to pass such transfer order. Mr. D. Das, learned Standing Counsel appearing for respondents No. 3 and 4 has r eferred to the Memorandum dated 23.3.09 issued by the Department of Personnel of the Assam Govt, which indicates that transfer of officers of the Panchayat and Rural Development Department within the BTC area is permissible in terms of the Office Memorandum dated 16.10.04 as BTC shall have full control over the officer s and staff connected with the entrusted subjects. It is pointed out by Mr. Das that impugned transfer order is with regard to staff in a transferred Deptt. and the transfer can be ordered by BTC authorities at stations, located within the BTC area. Mr. S. Shyam, learned counsel appearing for respondent No. 6 submits that the Hi gh Court’s interim order dated 2.3.09 was a conditional order and even before th e stay order was passed, the respondent No. 6 has joined in the transferred stat ion on 6.1.09. Accordingly, he submits that there is no justification for contin uing with the interim order. Having regard to the above submissions, I find that a case is made out for recal l of the interim order dated 2.3.09. It is ordered accordingly. Office to list this case for hearing in its turn.