WP(C) 6078/2011 BEFORE HON’BLE MR.JUSTICE P.K.MUSAHARY Heard Mr. Deben saikia, learned counsel for the petitioner. Also heard Mr. D.Sai kia, learned Addl. Advocate General,Assam for the State respondents and Mr. U.K. Goswami, learned S.C, for the Education Department, The petitioner is presently serving as Assistant teacher at 81 Borigaon L.P.School in Jorhat district. He has been transferred by the respondent No. 3 in the capacity of Chairman of the District Level Committee and posted at 52 9 Dholimalia L.P.School, vide order dated 12.10.11.It is submitted by the learn ed counsel for the petitioner that the petitioner is not in a position to move and join at the said place of posting inasmuch as he is suffering from hypertens ion with third degree internal hemorrhage with recurrent bleeding per rectum. H e is advised surgical treatment and to avoid cycling due to anemic, recurrent bleeding and experiencing vertigo. Moreover, it is submitted that as per the e xisting policy, there should be at least 5 posts of teacher at 81 Borigoan L.P.school as per Pupil teacher ratio (PTR) offered by t he Government. If the petitioner is released from the said school there would be only 3 teachers which would be in violation of the PTR. ’The Teachers Sanmmilon i’ took up the matter in general for the interest of the similar teachers but th e Government has not responded till today to the representation dated 24.10.11. Mr. Saikia, learned Addl. A.G,Assam submits that there are series of cas es filed before this court which have either been withdrawn or dismissed. The pr esent petitioner is one of them. However, he was granted liberty to approach thi s court again. Copy of the similar order passed by this court on 23.9.11 in W.P. (C) No. 4687/11 has been placed. In the said petition , the policy decision of t he Government was not challenged and it was disposed of providing 7 days time to the petitioner to join in the original place of posting . In my considered view, the aforesaid order passed by this court covers t he present case also. However, there is an additional ground pressed by the pre sent petitioner inasmuch as he has stated that the petitioner is suffering from the aforesaid illness and he wants to be retained at the same place of posting. Mr.Saikia, lea rned Addl.A.G,Assam also submits that the Government is taking step for posting required number of teachers in the school where there is shortage of teacher to maintain PTR by NC TE Regulation. The learned counsel for the petitioner at last made a prayer tha t the petitioner may be allowed to remain at 81 Borigaon L.P.School till the sho rtage of teacher is made up I leave this aspect of the matter with the responden t-authorities for passing necessary orders as per the policy decision dated 2 5.8.11.The petitioner may file representation before the appropriate authority f or redressal of his aforesaid grievance. This petition stands disposed of.