WA 185/2007 BEFORE HON’BLE THE CHIEF JUSTICE MR. MADAN B. LOKUR HON’BLE MR. JUSTICE HRISHIKESH ROY The grievance of the appellant is that he was transferred as a result of a polic y of the Education Department. This cannot deprive him of his legitimate seniori ty which he carries from his original appointment. He says that on the basis of his seniority, he should have been appointed as the Head Master in-charge of Loh arghat High School. It is submitted that the appointment of respondent No.4 as t he Head Master in-charge is, therefore, illegal. The learned Single Judge did not agree with the view canvassed by the appellant. Mr. V M Thomas, learned counsel appearing on behalf of the Education Department submits that respondent No.4 will superannuate on 31.8.2010. This is confirmed b y Mr. H K Sarma, learned counsel appearing for respondent No.4. In this situation, this writ appeal may become infructuous within about 2 or 3 w eeks. Learned counsel appearing for the appellant however submits that even then, sinc e the appellant is the senior most person, he should be appointed as the Head Ma ster in-charge of Loharghat High School. Mr. V M Thomas, learned counsel for the Education Department submits that since the appellant is the senior most person available, he will certainly be appointe d as the Head Master in-charge of Loharghat High School. Under the circumstances since within 2/3 weeks, respondent No.4 will superannuat e and we have no doubt that on 1st of September 2010, the appellant will be appo inted as Head Master in-charge of Loharghat High School as assured by Mr. Thomas , there is no useful purpose in continuing with this appeal. The appeal is disposed of in view of the above.