WP(C) 3161/2011 BEFORE HON BLE MR. JUSTICE AMITAVA ROY The petitioner is before this court apprehending that the request for her transf er on personal ground to a vacant post of Subject Teacher in Assamese at Ambika giri Girls Higher Secondary School, Maligaon, Guwahati would, as in the previou s occasion be overlooked on nongermane considerations. I have heard Mr PJ Saikia, learned counsel for the petitioner and Mr MK Mishra, learned Standing counsel, Education Department, Govt. of Assam for the official respondents. For the order proposed to be passed, it is not considered necessary to i ssue formal notice. Briefly stated the facts relevant for disposal of the instant petition are that whereas the petitioner is presently serving as a Subject Teacher in th e aforementioned subject at Pachim Borbhag Higher Secondary school, Nalbari, h er husband is an employee of Kamrup DRDA(Metro) presently posted at Chandrapur, Guwahati. Both of them have health problems requiring constant medical treatment . According to the petitioner, her minor child and aged mother-in-law who resid e at Guwahati are also deprived of her personal care and attention in view of he r posting at Nalbari from where she is required to commute on daily basis. In vi ew of the above, the petitioner’s husband had on an earlier occasion submitted a representation before the concerned authority of the department seeking her tra nsfer as a Subject Teacher in Assamese at Sonaram Higher school which was then lying vacant. However, the authorities concerned transferred another incumbent in the said post. As her difficulties have persisted, the petitioner’s husband has again submit ted a representation on 29.1.2011 before the Commissioner & Secretary to the Gov t. of Assam, Education( Secondary) department, this time, identifying the vacant post of Subject Teacher in Assamese in Ambikagiri Girls Higher Secondary Schoo l, Maligaon, Guwahati for her adjustment. The petitioner is before this court a s nothing tangible on the said request is noticeable and she apprehends that her request this time would also not be entertained. Mr Saikia while reiterating the above has sought for the intervention of this court with a direction to the respondent authorities to transfer her to Ambikagiri Girls Higher Secondary School, Maligaon, Guwahati in the same capacit y. Mr Mishra has contended that as an administrative arrangement is invo lved and for that several relevant factors would have to be examined, no such direction ought to be issued. Upon hearing the learned counsel for the parties and on a consideration of the pleaded facts and the documents annexed to the petition, this proceeding is closed with a direction to the Commissioner & Secretary to the Govt. of Assa m, Education( Secondary) Department to decide on the petitioner’s representatio n dated 29.1.2011 on merits in accordance with law and taking note amongst ot hers the Office Memorandum No.A(I) E.92/2004/70 dated 29.1.2011. As the petitio ner waits in expectation and as the post to which she seeks transfer, according to her, is lying vacant, the exercise as ordered, should be completed within a p eriod of four(4) weeks from the date of receipt of the certified copy of this or der. No costs.