WA 84/2009 BEFORE THE HON’BLE MR JUSTICE B.K. SHARMA THE HON’BLE MR JUSTICE P.K. SAIKIA Heard Mr. B. Banerjee, learned counsel for the appellant as well as Mr. D. Chokraborty, learned counsel for the respondent No. 1. We have also heard Mr. A. Deka, learned SC, Education Department. This appeal is directed against the order dated 05.03.2009 passed by the learned Single Judge in W.P.(C) No. 4266/2007 thereby upholding the order dated 09.03.2007 passed by the Director of Elementary Education, Assam permitting th e respondent No. 1 to hold the charge of the office of the Headmaster of the sch ool called Practising Govt. Senior Basic School, Udharbond, Cachar. According to the appellant who was the respondent No. 6 in the writ petition, the respondent No. 1 could not have been transferred to his school which is a Govt. school fro m the provincialised school. Considering the fact that such transfer was effecte d way back in 1979, learned Single Judge declined to interfere with the same on the basis of the writ petition filed in the year 2007. As per the date of joinin g the service, admittedly the respondent No. 1 is senior to the appellant. It is submitted that the respondent No. 1 is going to retire from servic e in the month of February, 2012 on attaining the age of superannuation. Considering the matter in its entirety while not interfering with the impugned o rder dated 05.03.2009 passed in 4266/2009, it is hereby provided that the offici al respondents shall consider the case of the appellant in place of the responde nt No. 1 after her retirement in the month of February, 2012. Necessary order in this regard shall be passed before demitting the office by the respondent No.1. Writ appeal is disposed of.