POJOM PADU Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. Tony Pertin, learned Counsel for the Petitioner, Mr. N. Lowang, learned Addl. Senior Government Advocate for Respondent Nos. 1 and 2 and Mr. K. Jini, learned Counsel appearing for the private Respondent No. 3. None appears for the Respondent No. 4 in spite of notice being served upon him.

(2.) The Petitioner has challenged the order dated 15.6.2009 (Annexure-P/3) issued by the Secretary (PHE B WSD), Government of Arunachal Pradesh whereby he has been transferred from Mariyang PHED Sub-Division to Aalo PHED Sub-Division and also the order dated 10.5.2010 (Annexure-P/18) whereby he was subsequently transferred from ASW, Along Division to Deomali as Assistant Engineer, Deomali Sub-Division vice one Shri S.K. Mukharjee. The Petitioner's case is that he was posted as Assistant Engineer at Namsai Sub-Division and from the said Sub-Division, he was transferred to Mariyang vide order dated 26.6.2008 and accordingly, he joined at Mariyang Sub-Division on 4.8.2008. Thereafter, within a period of 10 months, he was again transferred from Mariyang Sub-Division to Aalo Sub-Division vide order dated 15.6.2009 (Annexure-P/3). In compliance to the said transfer order, the Petitioner joined at Aalo PHE Sub-Division on 23.6.2009 vice one Shri Itum Naso, Assistant Engineer, but in-spite of order from the Executive Engineer, Aalo, the said Itum Naso did not hand over the charge to the Petitioner and in the meantime, the Respondent-Secretary vide his order dated 23.7.2009 (Annexure-P/8) allowed Shri Itum Naso, Assistant Engineer to continue as Assistant Engineer PHE Sub-Division, Aalo till October, 2009. In the same order, the Petitioner was allowed temporarily to assume the charges of ASW of Aalo PHE division with a direction to Shri Itum Naso to hand over charges of Assistant Engineer, PHE Sub-Division, Aalo to the Petitioner latest by 31.10.2009.

(3.) By virtue of this modified order, the Petitioner submitted joining report to the Executive Engineer, PHE & WS Division, Aalo; on 26.10.2009 (Anneuxre-P/9) as Assistant Engineer, PHE a WS Sub-Division, Aalo but the Under Secretary (PHE), Government of Arunachal Pradesh vide his letter dated 29.10.2009 asked the Executive Engineer, PHE Division Aalo not to release Shri Itum Naso, AE PHE Sub-Division, Aalo till formation of Government and until further intimation in due course of time. The Superintending Engineer, PHE & WS Circle, Bene vide his letter dated 29.10.2009 also directed Shri Itum Naso to hand over the full charges of PHE & WS Sub-Division, Aalo to Petitioner with immediate effect. Accordingly, the Petitioner assumed the charges of PHE & WS Sub-Division, Aalo on 4.11.2009 (Annexure-P/11). In the meantime, a local MLA from 31-Aalo East Assembly Constituency addressed a note to the Minister (PHED) on 10.11.2009 requesting him to retain Shri Itum Naso at Aalo PHE Sub-Division by cancelling the earlier transfer order for some more time to complete the ongoing important schemes in the larger interest of public service as a special case. On such request of the local MLA, the Respondent-Secretary issued an order dated 14.12.2009 allowing Shri Itum Naso, Assistant Engineer to continue at Aalo PHE Sub-Division till 30.4.2010 and allowing the Petitioner to hold the charge of ASW, Aalo PHE Division till 30.4.2010 after which he will take over the charge of Aalo PHE Sub-Division. The Petitioner, in compliance to the said order, submitted joining report on 20.4.2010 to the Executive Engineer, PHE & WS, Aalo Division. The Executive Engineer, Aalo PHE &'WS Division vide his order dated 28.4.2010 directed the aforesaid Itum Naso, Assistant Engineer to hand over the full charges of PHE & WS Sub-Division to the Petitioner. At that time, the local MLA, Respondent No. 4 again addressed a note to the Minister (PHE & WS) requesting him to transfer Shri Bomi Nyorak, private Respondent No. 3 from the office of the Chief Engineer (EZ), PHED, Itanagar to Aalo PHE & WS Sub-Division as an Assistant Engineer in place of Shri Itum Naso, Assistant Engineer, as a very special case. Thereafter, the Respondent-Secretary issued an impugned order 10.5.2010 whereby transfer and posting of 13 Assistant Engineers was made. In the aforesaid transfer order, Itum Naso was transferred and posted as Assistant Engineer, Mebo Sub-Division and in his place the private Respondent No. 3, Shri Bomi Nyorak was posted. The Petitioner was transferred from ASW, Aalo Division to Assistant Engineer, Deomali Sub-Division vice Shri S K Mukharjee. Following this order, the private Respondent No. 3 was released by the Chief Engineer from his establishment with effect from 12.5.2010 to enable him to join at PHE Sub-Division, Aalo. Accordingly, the private Respondent No. 3 joined his duty on 13.5.2010 at Aalo PHE Sub-Division. The handing over and taking over of charges between Itum Naso and Respondent No. 3 took place on 15.5.2010. Thereafter, the Executive Engineer, PHE & WS Division, Alao asked the Petitioner to hand over the charge of ASW to Respondent No. 3 who would look after the charges of ASW till the joining of regular ASW. The handing over and taking over charge between the Petitioner and the Respondent No. 3 took place on 2.6.2010.