KANGGO BOKO Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) For the purpose of disposal of this writ petition, it is necessary to advert to genesis of bifurcation of erstwhile Dibang Valley district into two districts namely, Lower Dibang Valley district with headquarters at Roing and the Dibang Valley district with headquarters at Anini. The notification was issued by the Government on 14.11.2001 giving effect to bifurcation from 16.12.2001. The bifurcation of district necessitated bifurcation of Group-C & D staff serving in the undivided Dibang Valley district. The Government without bifurcating the Group-C & D staff adopted "as is where is" principle in the matter of transfer. This principle of "as is where is", created widespread resentment amongst the ministerial staff, who were serving in Dibang Valley district with headquarters at Anini, which has been identified as 'hard area'. The Dibang Valley district with headquarters at Anini is considered to be 'hard area' due to difficult terrain and lack of proper communication facility while in sharp contrast Lower Dibang Valley district with headquarters at Roing is considered as "soft area". This necessitated the Commissioner (District Administration), Government of Arunachal Pradesh to issue a letter dated 27.02.2002 addressed to the Deputy Commissioner of Dibang Valley district, Anini and Deputy Commissioner of Lower Dibang Valley district, Roing directing them to sit together preferably at Roing to finalize a separate list of staff who have served at least three years in "hard belt" other than Roing sub-division and a list of officials who have not served other than Roing with year-wise posting with specific order numbers and also to finalize a list based on up-to-date entries of the service book of the respective officials so as to enable the Government to take appropriate decision for cross transfer and posting of the staff of two districts.

(2.) The present writ petitioners filed a writ petition namely, WP(C) No. 3134 of 2004 K.S. Ramchandran and 65 Ors. Vs. State of Arunachal Pradesh & Ors. reported in 2005 (1) GLT 59 and WP(C) No. 3156 of 2004 Dilaram Sharma and 42 Ors. Vs. State of Arunachal Pradesh & Ors., challenging the aforesaid move of inter district transfer communicated by the Government vide WT message dated 17.10.2003. A status quo order was passed on 07.05.2004 in the said writ petitions. Subsequently, thepresent respondents were impleaded as parties and they filed a Misc. Case for vacating the status quo order. The aforesaid two writ petitions were dismissed by a common judgment and order dated 23.12.2004 holding that it is within the competence and jurisdiction of the Government to evolve a particular policy in the matter of transfer and posting of group C & D employees of the erstwhile Dibang Valley district and the newly created Lower Dibang Valley district. Against the aforesaid judgment and order, the present writ petitioners preferred writ appeals namely WA No. 42 of 2005 and WA No. 53 of 2005, which were also dismissed in limine by a Division Bench of this Court. The present writ petitioners then filed SLP in the Supreme Court, which was also dismissed.

(3.) The decision of cross transfer and posting of staff could not be implemented due to pendency of the aforesaid litigations. After the end of the aforesaid litigations, joint meetings of both the Deputy Commissioners were held and made joint recommendations in respect of the proposed financial criteria/modalities for cadre bifurcation/cross transfer and posting of ministerial staff between the Dibang Valley district, Anini and Lower Dibang Valley district, Roing, which was communicated to the Secretary (District Administration), Government of Arunachal Pradesh. The Government of Arunachal Pradesh did not take any step to implement the joint recommendations made by the Deputy Commissioners concerned. At that stage, the present respondents apprehended that the aforesaid recommendations would not be implemented by the Government due to political consideration and as such, they filed writ petition namely, PW (C) No. 378 (AP) 2005.