Heard Mr J. Roy, learned counsel appearing for the appellants and Mr K.N. Choudhury, learned senior counsel appearing for the respondent/writ petitioner.

2. The respondent/writ petitioner filed a writ petition registered as WP(C) No. 8323/2002 wherein he was challenged the order of his transfer from PCC Sub-Division (PWD) to Guwahati Building Sub-Division issued on 18.12.02. The effect of the transfer order has been stayed by an interim order passed by the learned Single Judge on 20.12.02. The interim order passed by the learned Single Judge staying the transfer order of the respondent/ writ petitioner, was challenged by the Govt by filing an application for vacating the same and by order dated 28.1.03 the order of stay was confirmed. That is how the Govt. is before us on appeal.

3 At the time of hearing of the appeal against the order dated 28-1-2003 we have made it clear to the counsel appearing for? the respective parties that we shall dispose of the writ petition itself after heating the arguments. It is clear from the record that the respondent/writ petitioner who was working as Assistant Executive Engineer, PWD; at Haflong was transferred on 16.12.02 to PCC Su