WP(C) 4400/2010 BEFORE HON’BLE MR. JUSTICE B.K. SHARMA Heard Mr. P. Kataky, learned counsel for the petitioner as well as Mr. U.K. Gosw ami, learned Standing counsel, Education Department. This writ petition has been filed by the petitioner for a direction to a ccommodate him in the permanent vacancy of Assistant Teacher at Mangaldoi Nagar Balika L.P. School. In fact, the petitioner was transferred to the said school b y Annexure-II dated 12.03.2008. Pursuant to the said order, although the petitio ner had joined the school to which he was transferred, but he was allowed to dra w his salary from his earlier school, namely Saruthekerabari Sishu Kalyan L.P. S chool. The representation made by the petitioner to allow him to draw his salar y from Mangaldoi Nagar Balika L.P. School did not yield any result and instead A nnexure-VIII order dated 31.03.2010 cancelling the earlier order dated 29.03.08 was passed. However, such cancellation was stayed by order dated 20.05.2010 (Ann exure-IX). Mr. U.K. Goswami, learned Standing counsel by producing the letter dated 23.11.2010 addressed to the Sr. Standing Counsel, Education Department by the D irector of Elementary Education, Assam submits that since the transfer of the pe titioner by order dated 12.03.2008 was during the ban period, same had to be can celled, but consequently such cancellation was stayed taking into account the ha rdship of the petitioner. In the said letter it has been stated that for inter-d istrict transfer of teachers of Elementary and Secondary Schools, as per Office Memorandum dated 28.10.2003, there can be exception. In the letter it has been stated that if the petitioner desires to be accommodated against the permanent v acancy in Mangaldoi Nagar Balika L.P. School on medical ground, he is to make a pplication in terms of the said memorandum dated 28.10.2003. According to the re spondents, the petitioner is to make application through proper channel. Whatever procedure is required to be followed, same shall be carried out facilitating which the petitioner may submit application through proper channe l. The respondents shall try to resolve the stalemate that has been created by t he said orders. Entire exercise shall be carried out as expeditiously as possibl e preferably within three months from today. Interim order passed earlier shall continue till the matter is finally r esolved by the respondents in the above manner.