WP(C) 5244/2009 BEFORE HON’BLE MR JUSTICE I A ANSARI Heard Mrs. S.P. Hussain, learned counsel for the petitioner. Heard also the lea rned Standing counsel, Education Department, Assam, appearing on behalf of the r espondent Nos. 1, 2, 3 and 4. The petitioner, while working as a Science teacher, in Kaki Thaisuper M. E. School, Kaki, suffered from serious ailments. He has been under medical tre atment for episodic bronchial asthma with narobronchial allergy. Pursuant to hi s representation, the petitioner was transferred to Town Panigaon M. E. School, Nagaon, which is near his residence. By order, dated 07.11.2009 (Annexure 7 to the writ petition), the District Elementary Education Officer, Nagaon, has withd rawn the petitioner from the Town Panigaon M. E. School, and has directed the pe titioner to join his duty at Kaki Thaisuper M. E. School, Kaki. By making a representation, dated 12.11.2009 (Annexure 8 to the writ pet ition), the petitioner has submitted to the respondent No. 3, namely, District E lementary Education Officer, Nagaon, that due to his illness and the fact that h e has been receiving medical treatment, he would face great difficulty if he is directed to serve at Kaki, which is at a distance of about 80 Km. from his resid ence. Though the petitioner’s present condition of health is a factor, which ou ght to have been taken into consideration before the impugned order was passed, the fact remains that the petitioner cannot be kept permanently attached to the Town Panigaon M. E. School on the ground of ill health. Considering the matter in its entirety and in the interest of justice, t his writ petition is disposed of with the direction to the respondent No. 3, nam ely, District Elementary Education Officer, Nagaon, to consider the petitioner’s representation aforementioned and pass appropriate order(s) thereon. While con sidering the representation, the respondents/authorities concerned shall take in to account the medical condition of the petitioner. Whatever decision is taken by the respondents/ authorities concerned, the same shall be communicated, in wr iting, to the petitioner. If the petitioner feels aggrieved by the decision, wh ich may be taken by the respondents/authorities concerned, the petitioner shall be at liberty to take recourse to such provisions of law as may be permissible.