WP(C) 5046/2008 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY The grievance of the petitioner in the present writ petition is against the order dated 20.11.2008 (Annexure-2 to the writ petition) issued by t he Secretary to the Govt of Assam in the Irrigation Department transferring him from Sibsagar Circle (I), Jorhat to Dhubri Invt. Circle (I), Dhubri. By the said order, the respondent No.3, namely Anup Kumar Gohain has been posted in place o f the petitioner on promotion to the post of Superintending Engineer, who was wo rking as Executive Engineer, Jorhat Division (Irrigation), Jorhat. I have heard Mr BD Das, learned counsel for the petitioner; Dr B . Ahmed, learned standing counsel for the Irrigation Department; Mr K. Agarwal, learned counsel for respondent No.3; and also Mrs Phukan, learned State counsel. During the course of argument, Mr Das, learned counsel for the p etitioner has submitted that since the petitioner has filed a representation on 25.11.2008(Annexure-6 to the writ petition) before the Secretary to the Govt of Assam in the Irrigation Department highlighting his grievance against the order of transfer and prayed for allowing him to stay at Jorhat because of the difficu lties faced by him as narrated in the said representation, the same is required to be disposed of by the authority. According to Mr Das, the order of transfer i s contrary to the policy guideline issued by the authority in that respect, whic h has also been highlighted in the said representation. Mr Das, therefore, submi ts that the writ petition may be disposed of with a direction to the respondent authority to consider the said representation by disposing of the same and till such disposal, the petitioner may be allowed to work in his place of posting at Jorhat. Dr Ahmed, learned standing counsel for the Irrigation Department submits that since the representation has been filed, the same shall definitely be considered and disposed of by the Secretary to the Govt of Assam in the Irri gation Department on an urgent basis. Mr Agarwal, learned counsel for respondent No.3 submits that the respondent No.3 on promotion as Superintending Engineer and posting at Sibsagar Circle(I), Jorhat, has already reported for duty and unless the promotion order is given effect to at an early date, he may loose his seniority in the rank of Superintending Engineer. Be that as it may, since the petitioner has filed the representa tion, the same has to be disposed of by the departmental Secretary, who as the S ecretary of the department has the legal duty to consider and dispose of the sam e, being the public authority. In view of the above, the writ petition is disposed of with a di rection to the Secretary to the Govt of Assam in the Irrigation Department to co nsider the representation submitted by the petitioner on 25.11.2008 (Annexure-6 to the writ petition) by 8.12.2008. The petitioner shall by 4.12.2008 file the c ertified copy of this order before the said authority together with the copies o f the writ petition and the annexures appended thereto. Till 8.12.2008, status quo as on today as regards the holding of the post shall be maintained. The writ petition stands disposed of. No costs.