WP(C) 5161/2008 BEFORE THE HON’BLE MR. JUSTICE B.K. SHARMA Heard Mr. R. Dhar, learned counsel for the petitioner as well as Mr. Barbhuiyan, learned counsel representing the respondent No.5. I have also heard Ms. Verma, learned Standing Counsel Health Department. This writ petition has been filed making a grievance against the order dated 28-11-2008 (Annexure-IV) by which the order dated 14-11-2008 passed earlier was cancelled. By the said earlier order dated 14-11-2008, the petitio ner was transferred to Sonai PHC. According to the petitioner, she made represe ntation in the year 2006 (17-11-2006) praying for her transfer to Sonai PHC. It is her case that in consideration of her prayer, the order dated 14-11-2008 was passed. However, before the order could be given effect to, same was cancelled by the impugned order dated 28-11-2008. Mr. Barbhuiyan, learned counsel for the respondent No.5 submits that the respondent No.5 has also made a representation on 17-10-2008 praying for her posting to Sonai PHC. Mr. Dhar, learned counsel for the petitioner submits that it is only because of such representation, her t ransfer order was cancelled by order dated 28-11-2008. On the other hand, Ms. V erma, learned Standing Counsel, Health Department submits that the order was can celled because of certain compelling circumstances. Presently the post at Sonai is lying vacant. In that view of the matter, since both the incumbents, i.e. the petitioner and the respondent No.5, have stacked the claim for the post of Sonai PHC, I dispose of the writ petition providing that the competent authority shal l pass appropriate order regarding filling up of the post in consideration of th e representations made by both the incumbents. Needless to say that the authori ty shall apply its sound discretion considering all relevant facts and circumsta nce.