WP(C) 675/2007 BEFORE THE HON’BLE MR. JUSTICE B.K. SHARMA Heard Mr. G. Uzir, learned counsel for the petitioner as well as Mr. M.R . Pathak, learned Standing Counsel, Education Department. I have also heard Mr. B. Gogoi, learned Standing Counsel, Finance Department. The writ petition was filed making a grievance against non-payment of sa lary to the petitioner from August, 2006. As per the instruction furnished to th e learned Standing Counsel, Education Department, the petitioner was transferred from Guwahati to Nalbari vice one Sri Dhrubajyoti Kakati. In fact both the incu mebtns made request for mutual transfer. After transfer of the petitioner from G uwahati to Nalbari, it was revealed that the appointment of said Dhrubajyoti Kak ati was not as per the procedure. As per prima facie satisfaction recorded, the appointment of Sri Kakati was illegal/irregular. However, no opinion is expresse d in this regard lest the same will prejudice the case of said Sri Kakati. Since the petitioner was transferred against the post being held by said Sri Kakati, his salary could not be released. Now, as per the proposal made by the Director of Elementary Education, Assam, the petitioner is to be transferred to Guwahati in his former school. Be it stated here that in the meantime, the s chool, in which the petitioner was working has been upgraded as a High School. B e it further stated here that the petitioner is an M.E. School teacher. In view of the aforesaid proposal, this writ petition stands disposed of providing that the respondents may carry out the proposal of transfer of the pe titioner to Guwahati in terms of the order dated 14.3.2008, copy of which has be en produced. As regards the payment of salary etc, since in the meantime, the M. E. School has been upgraded as a High School, the Director of Secondary Educatio n, Assam in collaboration with the Director of Elementary Education, Assam as we ll as the Finance Department may pass appropriate order as expeditiously as poss ible, preferably within 31.5.2008. Needless to say that the Headmaster of the Guwahati school namely Guwaha ti Blind School shall allow the petitioner to join his duties. Writ petition is disposed of.