B.D. Agarwal, J.

1. The State is in appeal against the order dated 09.08.2011 passed by a learned Single Judge of this Court in WP (C) No. 3528 of 2011.

2. By the aforesaid impugned order, the learned Single Judge has stayed the implementation of the order dated 11.07.2011 passed by the Secretary to the Government of Assam, Water Resource Department, transferring the writ Petitioner (Respondent No. 1) from the office of Guwahati East, Water Resource Department to the office of Superintendent Engineer, Monitoring Evaluation Cell, Guwahati.

3. In view of the urgency of the matter and as agreed by the learned Counsel for both the sides, the writ appeal is being disposed of at the admission stage itself. Since the arguments were addressed on merit of the cases, this judgment will also dispose of the writ petition.

4. The gist of the case is that the writ Petitioner/Respondent No. 1 is the Executive Engineer in the Water Resource Department. In the recent past, in the month of October, 2008 the writ Petitioner was posted as Executive Engineer in the Office of the Superintendent Engineer, Monitoring Evaluation Cell. Thereafter, in the month of February, 2009, i.e. within a period of