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Judgment
Heard Mr. H. K. Sarma, learned counsel for the petitioner. Also heard Ms. A. Neogi, learned counsel appearing for the authorities North Cachar
Hills Autonomous Council(NCHAH) and Mr. H. Talukdar, learned counsel appearing for the respondent No. 4.
Both the petitioners as well as respondent No. 4 are working as SeniorAssistants in the Office of the Additional Director of AH & Vety. (Hills)
Assam, Haflong. By the order dated 06.10.2016 of the Additional Director of AH & Vety (Hills) Department, Assam, the petitioner was transferred
and posted in the Office of Additional Director of AH & Vety (Hills) Department Assam, Haflong in place of the respondent No. 4. On the other
hand, by the said order, the respondent No. 4 was transferred and posted in the Office of Assistant Dairy Development Officer, Umrangso in place of
the writ petitioner. The said order of transfer dated 06.10.2016 was given effect and as a consequence the petitioner had joined and is presently
working in the Office of Additional Director of AH & Vety (Hills) Department Assam, Haflong.
The Principal Secretary to the NCHAC by an order dated 03.01.2017 hadrevoked the earlier order of 05.11.2016 in respect of the respondent No.
4 and had placed her in her original place of posting as Accountant in the Office of Additional Director of AH & Vety (Hills) Assam, Haflong.
The petitioner assails the said order on the premises that as on 03.01.2017the post of Accountant in the Office of Additional Director of AH &
Vety (Hills) Assam, is being held by the petitioner and not by the respondent No. 4 and, therefore, the Principal Secretary was incorrect in passing the
order dated 03.01.2017 by providing that the respondent No. 4 be placed in her original place of posting as Accountant in the Office of Additional
Director of AH & Vety (Hills) Assam.
On being prima facie satisfied, by an order dated 23.01.2017 an interim order was passed staying the order dated 03.01.2017 of the Principal
Secretary.
The respondent No. 4 has filed an Interlocutory Application for modificationof such interim order. As it prima facie appears that the order dated
03.01.2017 whereby the respondent No. 4 was placed in her original place of posting as Accountant in the Office of Additional Director of AH &
Vety (Hills) Assam, is found to be incorrect, this Court is of the view that instead of deciding as to whether to modify or not to modify the earlier
interim order, the ends of justice will be met if the order dated 03.01.2017 providing that the respondent No. 4 be placed in her original place of posing
as Accountant in the Office of Additional Director of AH & Vety (Hills) Assam, Haflong is set aside.
As the said order pertaining to the respondent No. 4 is set aside, thePrincipal Secretary accordingly is now required to pass appropriate order
providing the respondent No. 4 an appropriate place of posting as per public interest.
The aforesaid exercise be done within a period of one week from the dateof receipt of this certified copy of this order.
  In terms of the above, this writ petition stands closed.
  In view of this order, the connected interlocutory applications stands closed.
  Interim order passed, if any, stands vacated.