WP(C) 3465/2009 BEFORE HON’BLE MR. JUSTICE AMITAVA ROY Heard Mr. BJ Talukdar, learned counsel for the petitioner being assisted by Ms. S Sarma, Advocate. The extra ordinary jurisdiction of this Court is sought to be invoked to interfere with the order dated 24.03.2009, passed by the learned Administrative Tribunal, Guwahati (hereafter for short referred to as the Tribunal), in Case N o. 22ATA/2009, thereby, remanding the issue pertaining to the respondent No. 1’s claim for salary to his Administrative Department and to ensure payment thereof , within a period of 2 (two) months. The averments made in the writ petition, which project the factual backg round disclose that the respondent No. 1, who at the relevant time had been post ed as Physical Inspector at MB High School, Darrang, was by order dated 22.09.20 05 transferred to Mihi Ram Saikia Higher Secondary School, Titabor, Jorhat. Thi s order underwent a modification on 06.12.2005, and instead he was posted in the office of the District Sports Officer, Morigaon. He having approached this Cou rt with WP(C) No.8367/2005, the order dated 06.12.2005 to the above effect, was stayed. This order got vacated on 24.03.2006, as the petition was not pressed. The writ petition was disposed of accordingly. The respondent No. 1 was, thereafter, released from Darrang, Mangaldoi o n 20.07.2006. He again approached this Court with WP(C) No. 4205/2006, which wa s disposed of on 04.09.2006, by directing the concerned departmental authority t o dispose of his pending representation submitted against his release. This rep resentation was, eventually, disposed of on 14.03.2007, whereby, his transfer to Morigaon was sustained. According to the petitioner, he, thereafter, joined th e office of the District Sports Officer, Morigaon on 28.03.2008, but did not rep ort for duty thereafter. It has been urged on behalf of the petitioner, in this background that t he direction of the learned Tribunal to ensure payment of the salary of the resp ondent No. 1 ought not to have been passed, he being absent from duty intermitte ntly and absolutely after 28.03.2008. When queried by this Court, Mr. Talukdar submitted that the above fact c ould not be brought to the notice of the learned Tribunal, as a result whereof, the order impugned has been passed. After hearing the learned counsel for the petitioner and on a considerat ion of the facts narrated hereinabove, this Court is of the view that it would b e appropriate if the petitioner approaches the learned Tribunal with an applicat ion for review and/or modification of the order dated 24.03.2009 passed in Case No. 22ATA/2009, reciting all relevant facts. It has been submitted that meanwhi le an application for contempt for non-compliance of the order dated 24.03.2009 had been filed before the learned Tribunal. Be that as it may, if the petitioner files an application for review and/or modi fication of the aforementioned order before the learned Tribunal, appropriate or der(s) would be passed by it thereon, as would be deemed fit and necessary in la w. The petition stands disposed in above terms. No costs.