WP(C) 3453/2008 BEFORE HON’BLE TMR JUSTICE AMITAVA ROY Heard Mr M. Choudhury, learned counsel for the petitioner. Also heard M s A. Baruah, learned Standing Counsel, Education department. In challenge is the order dated 25.7.2008 passed by the Director, Elemen tary Education, Assam transferring the petitioner to the office of the Block El ementary Education Officer, Narayanpur in the district of Lakhimpur with immedia te effect. The petitioner was initially appointed as a Peon on 1.9.1966 by the Asstt. Secre tary, State Elementary Education, Board, Rangia and was made to officiate as L. D.A. in the office of the Deputy Inspector of Schools, Rangia vide order dated 2 7.2.1989 issued by the District Elementary Education Officer, Kamrup, Guwhati . He claims to be continuing in the said office since then till date. His griev ance is that though he is scheduled to retire on 31.8.2011, by the impugned orde r, he has been transferred to a place which is 400 KMs away from his present p lace of posting and permanent residence. The petitioner has asserted that he is a diabetic for which he is required to remain under constant medical attention. He has further pleaded that his transfer at this advanced age and with the frai l condition of health would be fatal if the impugned order is not interfered wi th. The petitioner amongst others has annexed medical documents to the writ peti tion as testimony of his above ailment. Mr Choudhury while reiterating the above has submitted that this is a fi t case where the impugned order ought to be quashed. Ms Baruah , learned Standing counsel in her vehement objection has stres sed upon the fact that transfer being an incidence of service, the grounds menti oned in the petition are wholly untenable. According to her, in the facts and ci rcumstances of the case , the petition ought to be dismissed in limine. Upon hearing the learned counsel for the parties and on a consideration of the pleaded facts and the documents annexed to the petition in support thereo f, this Court is of the view that balancing the equities, it would be apt if th is petition is closed by leaving the petitioner at liberty to submit an appropri ate representation before the Director of Elementary Education, Assam stating t he relevant facts with a request to recall the order of transfer. As transfer i s an incidence of service, this Court is not inclined to interfere therewith. I t is open for the aforementioned authority if such a representation is filed, to approach the issue with pragmatism and compassion . The petitioner would , if so advised, submit the representation within a w eek herefrom and the same would be disposed of within two(2) weeks thereafter. F or this period of three(3) weeks from today, the impugned order of transfer date d 25/7/2008 would remain stayed. The petition stands disposed in the above terms. No costs.