Hrishikesh Roy, J.

1. Aggrieved by the judgment and order dated 8.5.08 allowing the Writ Petition No. 1559/08, the State has filed Writ Appeal No. 137/08 and Shri Khagendra Deka, respondent No. 5 in the writ petition, has filed the Writ Appeal No. 136/08. The Writ Petition was filed by Ranjit Chandra Barman, arrayed in the Writ Appeals as a respondent, to challenge the transfer order dated 7.3.08 by which the writ petitioner, who was working as the Executive Engineer, Guwahati West Water Resources Dvn. has been transferred and posted as the Deputy Director, Planning in the Office of the Director, Planning Water Resources Deptt. and the appellant Khagendra Deka, holding the post of Deputy Director has been posted as the Executive Engineer of the Guwahati West Dvn. It is not in dispute that by the said transfer order dated 7.3.08 neither the writ petitioner nor the appellant were being posted out of Guwahati and the transfer order results in shifting the incumbents from one office to another, in the same city under the same department.

2. The writ petitioner challenged his transfer primarily on the ground that as his transfer was effected before completion of the normal tenure