WP(C) 3625/2011 BEFORE THE HON’BLE MRS JUSTICE ANIMA HAZARIKA Heard Mr. A. K. Dutta learned counsel appearing for the petitioner. Also heard Mr. J Abedin learned Standing Counsel, Education Department appearing for the respondent. Challenge made in this writ petition is to the order dated 5.2.2011 whereby and whereunder, the District Elementary Education Officer (’DEEO’ for short), Cachar , Silchar (respondent No.3 herein) has directed withdrawal of attachment of teac hers in other schools, i.e. not the schools where they were originally appointed , as the attachment order so passed has created problem for imparting education in the schools where they were originally appointed. Because of the attachment o f teachers in other schools, the students are suffering mostly. Therefore, the i mpugned order dated 5.2.2011 came to be passed by the authority directing the at tached teachers, who are working as Assistant teachers, Hindi teachers, Science teachers and Headmaster i/c to handover charge to the senior most genuine teache rs, further making it clear that the physically disable teachers, teachers on ge nuine ground who have been attached in other schools shall report directly to th e DEEO mentioning reasons of their willingness to be attached in the schools. It has been brought to the notice of this Court that in a similar situation, thi s Court vide order dated 26.8.2011 passed in WP(C) No.4337/2011 directed the DEE O to dispose of the representation and to allow to continue the services of the petitioners till disposal of the representations. The present petitioner also ha s prayed for a similar order being a similarly situated teacher. I have perused the impugned order dated 5.2.2011. In terms of the said order, th ose teachers, who have genuine problem may apply to remain attached to the respe ctive schools. The petitioners, therefore, submitted representations before the DEEO, which, however, according to the petitioners have not been disposed of as yet. The petitioners have as indicated hereinabove apprehended that they may be transferred, while their representations aforementioned may still remain pending and they may not be paid their salary. Considering the fact that the petitioner has already made representation seeking to be kept attached to his respective school, where he is presently working, an d this opportunity has been provided by the respondent No.3 to the petitioner by his own order, dated 5.2.2011, it is logical to infer that no transfer order of the petitioner could be made without first dealing with and disposing of the re presentation of the petitioner. Considering, therefore, the matter in its entirety and in the interest of justic e, this writ petition is disposed of with a direction to the respondent No.3, th e District Elementary Education Officer, Cachar, Silchar to examine the represen tation of the petitioner in the light of the relevant Government policy and to t ake a decision in the matter in accordance with law. The whole exercise, so directed, shall be completed within a period of six weeks from the date of receipt of a copy of this order by the respondent No.3. The petitioners shall furnish to the respondent No.3 a certified copy of this or der alongwith a copy of the writ petition and annexures appended thereto and a f resh representation, if so advised. Whatever decision is reached by respondent N o.3, the same shall be communicated, in writing, to the petitioner. Until the time the representation, as indicated hereinabove, is disposed of, sta tus quo in respect of the present posting of the petitioner shall not be disturb ed and the payment of his salary and allowances shall not be stopped. With the above observations and directions, this writ petition stands disposed o f. No costs. Furnish a copy of this order to the learned Standing Counsel, Education Departme nt immediately.