V.D.GYANI, CJ.(ACTING) - (1.) Heard Mr. K.N. Choudhury, learned counsel appearing for the appellant/respondent No. 3 (in W.A. 142/98), Ms.N. Saikia, learned Govt, Advocate appearing for the appellants/ respondents (in W.A. No. 12S/98) and Mr. B.D. Konwar, learned counsel appearing for the respondent/writ petitioner (in both the appeals).
(2.) This rig marole has been goingon between two Executive Engineers under orders of transfer. The matter has come before this Bench not once, or twice, but thrice, at the interim stage, challenging the order passed by the learned Single Judge, Out of deference to the learned Single Judge, this Court sitting in appeal did not think it proper to pass any order except invoking the provision of Article 226(3) of the Constitution of India to put an end to the interim orders and leaving the matter entirely to the learned Single Judge tor disposal. But that was not to be. Since an interim order was passed again on 12.6.98 in Misc. Case No. 606of 1998 in Civil Rule No. 1434/98 making the following direction : "Accordingly, 1 direct the respondents 1 and 2 to allow the petitioner to continue in the post of Executive Engineer, Koliabor & Intd. Kollong Electrical Division, Nagaon until further orders from this Court. " and since this direction as made by the learned Single Judge was again challenged before the Division Bench, the Division Bench, without passing any order on merits, directed the parties to appear before the learned Single Judge on 25,6.98 and they agreed to do so. They accordingly appeared as well before the learned Single Judge- Till then the order of status quo as it obtained on 23.6.98 was directed to remain operative. Now, the parties are again before us since no order has been passed by the learned Single Judge on 25.6.98 and the matter stands adjourned to a date after the reopening of the Court after the ensuing summer vacation.
(3.) It is in these circumstances that the matter has again been listed before us.;