WP(C) 5555/2008 BEFORE THE HON’BLE MR. JUSTICE RANJAN GOGOI The petitioner who is holding the post of Senior Agriculture Development Officer was transferred from Barpeta to Morigaon by an order dated 18.10.2008. The respondent No.6 who was working at Morigaon was transferred to Barpeta in pl ace of the petitioner by the same order. The respondent No.6 filed an appeal bef ore the Assam Administrative Tribunal i.e. Case No. 59ATA/2008 challenging the a foresaid order of transfer in so far as he is concerned. The learned Tribunal by order dated 11.11.2008 directed disposal of the representation submitted by the respondent No.6 within a period of one month and for the aforesaid period had s tayed the impugned transfer order. The learned Tribunal though could have, did n ot dispose of the appeal of the respondent No.6 in the above terms but had fixed 16.12.2008 for further hearing. The Court is informed that the appeal is still pending before the learned Tribunal and is now fixed on 20.1.2008. In the above circumstances, the petitioner having been released from service at Barpeta by or der dated 17.12.2008, has filed this writ petition challenging the aforesaid ord er. Mr S Samaria, learned counsel for the respondent Department has submitte d that the aforesaid order dated 17.12.2008 was passed as, in the meantime, the Department has disposed of the appeal of the respondent No.6 against him as well as the representation filed by the petitioner against the transfer order. Even if the Department had so acted, as the appeal filed by the responde nt No.6 against the transfer order dated 18.10.2008 was pending before the learn ed Tribunal, it is the considered view of the Court, that the Department ought n ot to have passed the order dated 17.12.2008 releasing the petitioner without ob taining the leave of the learned Tribunal. Be that as it may, as the Tribunal wi ll now hear the matter on 20.1.2009, I am of the view that this writ petition sh ould be disposed of by requiring the Tribunal to complete its adjudication, if p ossible on the next date fixed i.e. 20.1.2009. Until the said date, the order da ted 17.12.2008 releasing the petitioner shall not be given effect to. Once the a ppeal is disposed of by the learned Tribunal, it will be open for the Department to pass necessary consequential orders as may be warranted in law. The writ petition shall stand disposed of in the above terms.