WP(C) 833/2003 BEFORE HON’BLE THE MR. JUSTICE AMITAVA ROY The petitioner a Grade IV employee in the Education Department o f the State is before this Court aggrieved by his transfer to the Pranab Vidyapi th High School in which his institution (Pranab Vidyapith M.E. School) stood ama lgamated. He has lodged as well a claim for salary for intermediate periods sinc e 1/9/1996 till date. By order 7/3/2003, the operation of the impugned orders da ted 7/12/2002 and 20/12/2002 bearing on the petitioner’s transfer was kept in ab eyance. I have heard Mr. AK Purkayastha, learned Counsel for the petitio ner and Mr. T. Islam, learned Standing Counsel, Education Department. Filtering out the unnecessary details suffice it would be to sta te that the petitioner had been appointed initially as a Chowkidar in Nabarun M. E. School and was subsequent thereto transferred to Pranab Bidyapith M.E. School in the same capacity. On 23/1/1989, he was transferred out of that school purpo rtedly acting on a public complaint against him. He was subsequent thereto attac hed to the Office of the Deputy Inspector of Schools, Hojai. While he was awaiti ng absorption in the said establishment, he was transferred back to the Pranab B idyapith M.E. School on 2/11/1995 and was directed to join the said institution by the District Elementary Education Officer by his order dated 3/9/1996. Being aggrieved, he approached this Court with CR 89/97, which was disposed of on 12/1 1/1998. Thereby this Court interfered with the impugned order with the observati on that if need be the petitioner be transferred to any school other than Pranab Bidyapith M.E. School situated at Lumding. The petitioner in between had been p laced under suspension on 19/9/1998. However, after the passing of the above ord er of this Court, his suspension was revoked and he was reinstated in service an d was attached to the Jugijan M.E. School but was allowed to draw his salary fro m Pranab Bidyapith M.E. School. While he was serving at Jugijan M.E. School, the petitioner made repeated reques ts before the concerned authorities for release of his salary from 1/9/1996 that had fallen in arrears. In the meantime, Pranab Bidyapith M.E. School got amalga mated with Pranab Bidyapith High School, which had been provincialised in the ye ar 1997. By the impugned orders thereafter, the petitioner along with the existi ng staff of the Pranab Bidyapith M.E. School was sought to be transferred enbloc to the Pranab Bidyapith High School. As alluded hereinabove, on his challenge t hereto, the operation thereof vis-à-vis the petitioner has been suspended by thi s Court. No affidavit on behalf of the State respondents has been filed and, the refore, the above statements remained uncontroverted as on date. Mr. Purkayastha while reiterating the pleaded stand of the petit ioner has argued that the impugned orders on the face of the record amongst othe rs being in violation of the order dated 12/11/1998 passed by this Court in CR 8 9/97 are nonest in law and are, therefore, liable to be adjudged as such. Accord ing to him, the petitioner having in the meantime rendered his services, he is a lso entitled to his arrear salary. The learned Counsel has argued as though foll owing the interim order dated 7/3/2003, the petitioner has not been accommodated against any post for the failings on the part of the respondents, he cannot be, in law be denied the salary thereafter as well. In the alternative and without prejudice to the above, Mr. Purkayastha has urged that in view of the lapse of t ime in between, the petitioner has no aversion to return to the Pranab Bidyapith High School, Lumding, provided there is a vacancy to accommodate him. Mr. Islam while endorsing the impugned decision has contended th at the petitioner’s inclination to join the Pranab Bidyapith High School though may be an acceptable gesture, his accommodation in the said institution would be subject to the availability of vacancy. This Court, therefore, required the learned Standing Counsel, Ed ucation Department, to ascertain the vacancy position in the Pranab Bidyapith Hi gh School so as to facilitate the petitioner’s return thereto, if deemed appropr iate in the facts and circumstances of the case. Mr. Islam on instructions has s ubmitted that no vacancy at present exists in Pranab Bidyapith High School. Howe ver, as a Grade IV post is lying vacant at Jagatpura M.E. School in the Hojai Su b-Division, the respondents are favourably disposed to accommodate the petitione r thereat. Mr. Purkayastha after interaction with the petitioner apprises this Court that a vacancy in a Grade IV post is also available at the Nabakalpa Pathsala M.E. Sch ool, Hojai and that if feasible he may be adjusted against the same. The learned Standing Counsel submits on instructions that the petitioner can be accommodate d at Nabakalpa Pathsala M.E. School as a retirement vacancy exists as on date. After hearing the learned Counsels for the parties and on a cons ideration of the materials on record, this Court is of the view that considering the efflux of time, it would be in fitness of things, if the petitioner, withou t prejudice to his rights and contentions, is allowed to join the Grade IV post at the Nabakalpa Pathsala M.E. School. Ordered accordingly. In that view of the matter, this Court refrains from offering any comment on the impugned decision w hereby the petitioner had been sought to be transferred to Pranab Bidyapith High School. It is, however, necessary to observe that the above stand of the State respondents is visibly inconsistent with the direction issued by this Court as c ontained in order dated 12/11/1998 passed in CR 89/97. Needless to say, if the petitioner presents himself to join at Nabakalpa Pathsal a M.E. School, the State respondents would ensure that he is permitted to do so and render his services without any unwarranted impediment. The petitioner’s cla im for salary for the period of 1/9/96 to 28/2/1999, 31/1/2000 to 28/2/2001 and from 31/7/2002 to till date would also be attended to by the State respondents. The petitioner would within 10 days herefrom present himself before the District Elementary Education Officer, Nagaon, and in such an eventuality the said autho rity would cause necessary steps to be taken to facilitate his joining at Nabaka lpa Pathsala M.E. School. As the petitioner’s claim for salary is also long pend ing, the concerned respondent authorities would take a decision thereon as early as possible and in no case later than four months from the date of receipt of c ertified copy of this order. The petition is disposed of in the above terms. No costs.