WP(C) 4632/2009 BEFORE THE HON’BLE MR JUSTICE B.K. SHARMA Heard Mr. M. Hussain, learned counsel for the petitioner as well as Mr. S.K. Das, learned Standing counsel, Education Department. The petitioner is aggrieved by non-payment of salary from January, 2009. It appears that the Treasury Officer, Hailakandi by his Annexure-7 letter dated 26.02.09 addressed to the District Elementary Education Officer, Hailakandi had intimated the difficulties in payment of salary to the petitioner and others su ch similarly situated teachers. According to the said letter, the petitioner and others could not have been transferred as the posts being held by them were per sonal to them. In the affidavit in opposition filed by the Director of Elementary Educa tion, Assam it has been stated that some teachers including the petitioner who w ere holding personal posts had been transferred by the then District Elementary Education Officer (DEEO) without any authority and accordingly the preset DEEO h ad issued Annexure-R/3 order dated 27.03.09 reverting back such teachers includi ng the petitioner to their original schools. Prior to issuance of the said order dated 27.03.09, the Director of Elementary Education had instructed the DEEO, H ailakandi to revert the teachers to their original posts. Learned counsel for the petitioner submits that although the aforesaid o rder has been issued, but according to his information, the petitioner is still continuing in her present place of posting. He submits that the petitioner had v olunteered for her transfer in view of the domestic problems including the physi cal disability of her four year old son. He submits that the case of the petitio ner for retention in the present place of posting is required to be considered t aking a humanitarian approach to the matter. Mr. S.K. Das, learned Standing counsel, Education Department submits tha t since the petitioner is transferred without any valid sanction behind, she can not be paid her salary unless and until the aforesaid Annexure-R/3 order dated 2 7.03.09 is carried out by her. Considering the matter in its entirety, this writ petition is disposed o f directing the respondents to consider the case of the petitioner for payment o f salary as well as her retention in the present place of posting, if admissible under the law. Alternatively, the petitioner will have to carry out Annexure-R/ 3 order dated 27.03.09 entitling her to receive salary both arrear and current. The authority may consider the case of the petitioner sympathetically for her re tention in the present place of posting by way of making necessary adjustment, i f practicable and permissible. Once the aforesaid exercise is carried out as exp editiously as possible preferably within two months, the petitioner may paid her due salary. With the aforesaid directions, writ petition is disposed of.