WP(C) 1537/2011 BEFORE HON’BLE MR. JUSTICE H. BARUAH Heard Mr DC Borah, learned counsel for the petitioner; Mr S Banik, learn ed Standing Counsel, Karbi Anglong Autonomous Council and Mr BJ Ghosh, learned G ovt. Mr MK Choudhury, learned senior counsel appears for the caveator. The caveat stands discharged. The petitioner’s grievance herein is that despite his promotion to the post of A ddl. Chief Engineer (PHE) vide order dated 29.1.2011, he was not allowed to join in the promotional post at Karbi Anglong, Diphu for not obtaining prior approva l of the panel of names of the officers including the petitioner from the author ity of the Karbi Anglong Autonomous Council. On being refused the petitioner fil ed an application on 1.3.2011 with the Secretary to the Govt. of Assam (PHE) Dep artment, Dispur with a request to allow him to join as Superintending Engineer a t Dibrugarh until alternative arrangement for his joining at a suitable place is made. In the meantime, the Secretary to the Govt. of Assam, PHE Department by an order dated 4.2.2011 issued under Memo No. PHED-24/2011/22-C promoted Sri Nazibuddin Ahmed, Executive Engineer (PHE) to the post of Superintending Engineer (PHE) and directed him to hand over charge as to be instructed by the Chief Engineer (PHE ). Accordingly, the Addl. Chief Engineer (PHE) vide letter dated 14.2.2011 beari ng No. PHE-92/Estt/82/28,861 released Sri Nazibuddin Ahmed enabling him to join in his promotional post at Dibrugarh. Being released Sri Nazibuddin Ahmed procee ded to Dibrugarh, his new place of posting but was unable to join in his promoti onal post of Superintending Engineer (PHE) for not handing over the charge by th e predecessor in office. Sri Nazibuddin Ahmed, thereafter, by his letter dated 19.2.2011 informed the Sec retary to the Govt. of Assam, PHE that though he had been to the office of the S uperintending Engineer (PHE), Dibrugarh Circle, the charge of the office of the Superintending Engineer was not handed over to him by the writ petitioner herein , the predecessor in office. In the above factual background, it appears to this Court that the writ petition er having been promoted to the post of Addl. Chief Engineer, PHE and being poste d in the district of Karbi Anglong, Diphu, on account of not taking prior appro val from the Karbi Anglong Autonomous Council he was not allowed to join. It is submitted by Mr BJ Ghosh representing the State respondents that for posting of the writ petitioner at Diphu as Addl. Chief Engineer (PHE) the State Government has sought for approval but nothing concrete is received till date from the Coun cil. On the other hand, the learned Standing Counsel, Karbi Anglong Autonomous Counci l submits before this Court that for the purpose of transfer and posting of an i ncumbent in and out approval of the Autonomous Council is mandatory. Unless such approval is obtained the Council would be at liberty to refuse such transfer an d posting of the incumbent. In view of the above facts the writ petitioner herein requested the Government t o allow him to join in the original post of Superintending Engineer at Dibrugarh until alternative posting is provided to him. On the other hand, the caveator h erein who was also promoted to the post of Superintending Engineer by order as i ndicated above was unable to join for not handing over charge by his predecessor in office, the writ petitioner herein. This being the factual position in the f ace of the record, it is thought appropriate to issue a direction to the writ pe titioner to hand over the charge of the office of the Superintending Engineer, D ibrugarh either to the Chief Engineer(PHE) or any other officer of the Departmen t or to the successor Sri Nazibuddin Ahmed within a period of ten days from toda y and on handing over charge, the Secretary to the Govt. of Assam, PHE Departmen t would allow the writ petitioner to join in the office of the Chief Engineer ( PHE) Guwahati within one month as Addl. Chief Engineer(PHE) until alternative ar rangement is made. Since Sri Nazibuddin Ahmed, the caveator and the writ petitioner herein were una ble to join in their promotional post for no fault of them, their seniority and service career should not be affected in any manner whatsoever. With the aforesaid directions/ observations this writ petition stands disposed o f.