WP(C) 5164/2010 BEFORE THE HON’BLE MR JUSTICE UB SAHA The instant petition is filed by the petitioner for a direction to the responden t No. 3, District Elementary Education Officer, Nagaon, Assam to pass necessary order in favour of the petitioner to adjust him in the vacant post lying in the Morikolong ME School, Nagaon and also to dispose of his representation dated 26. 08.2010 (Annexure-G to the writ petition) submitted to the Director of Elementar y Education, Kahilipara (respondent No. 2 herein). Heard Mr. PK Medhi, learned counsel for the petitioner as well as Mr. M Khatania , learned Standing Counsel for the Education Department. As agreed to by the learned counsel for the parties and considering the nature o f the prayer in the writ petition, the same is taken up for disposal at the moti on stage. Brief facts, needed to be discussed for disposal of the case are as follows: - The petitioner was initially appointed in the year 1999 as Asstt. Teacher of Kas arigaon MV School under the Block Elementary Officer, Nagaon. While he was disch arging his duties he made an application for transfer to the Morikolong ME Schoo l which was ultimately accepted and he was transferred to the said school. After joining there the service of the petitioner has not been adjusted either agains t any vacant post or any regular post. Being aggrieved, he filed a representatio n dated 26.08.2010 which has also not yet been disposed of by the authority conc erned. Hence, the instant writ petition. Learned counsel for the petitioner submits that the petitioner may not have the right to be regularized in service but he can expect that the authority will con sider his representation dated 26.08.2010 (Annexure-G to the writ petition) subm itted to the Director of Elementary Education, Kahilipara (respondent No. 2 here in). Learned Standing Counsel for the Education Department submits that the petitione r was engaged on temporary basis and his services cannot be regularized without following the necessary procedure. However, the writ petition can be disposed of by a specific direction to the respondent Nos. 2 and 3 to consider the case of the petitioner, particularly his representation dated 26.08.2010 (Annexure-G to the writ petition). In view of the aforesaid submission of the learned counsel for the parties and o n going through the documents available, this Court is of the considered opinion that whether a regular post will be filled up or not, that can be considered on ly by the employer and not by an employee, even not by the Court, unless a speci fic case of arbitrariness is made out. However, this Court is of further opinion that it would meet justice if the Resp ondent No. 2, Director of Elementary Education, Kahilipara is directed to dispos e of the representation of the petitioner dated 26.08.2010 (Annexure-G to the wr it petition) within a specific period by a reasoned order. Accordingly, the respondent No. 2 , Director of Elementary Education, Kahilipara is directed to dispose of the representation of the petitioner dated 26.08.2010 (Annexure-G to the writ petition) within a period of one month by a reasoned or der, if the same has not been disposed of by this time. The petitioner is also directed to furnish a copy of this order along with a cop y of the writ petition to the respondent No. 2, Director of Elementary Education , Kahilipara within a period of seven days from today. Till the disposal of his representation, if the petitioner is in service, he sha ll not be disturbed. With the aforesaid order, the instant writ petition is disposed of.