MONYA RIBA Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Shri K Tari, learned counsel for the petitioner. Also heard Shri T Tagum, learned Standing Counsel, Health Department, Arunachal Pradesh whereas the respondent no. 3 is represented by Shri R Saikia, learned counsel.

(2.) The petitioner, in the instant case, has put to challenge an order dtd. 24/8/2021 by which an order of transfer dt. 30/7/2021 was cancelled and that too, after joining of the petitioner in the new place of posting. The petitioner is a District Accountant Manager (DAM) working in the National Health Mission (NHM), Government of Arunachal Pradesh on contractual basis. The petitioner had served in various places and in the year 2009, she was transferred to Daporijo under the District Medical Office, Upper Subansiri District. It is the case of the petitioner that he had served at Daporijo for about 13 years and thereafter, vide an order dtd. 30/7/2021, the petitioner was transferred from Daporijo to Ziro under the District Medical Office, Lower Subansiri District. The petitioner was, accordingly released from Daporijo and she joined her new place of posting at Ziro on 17/8/2021. After about a week from such joining, the impugned order dtd. 24/8/2021 was issued whereby the transfer of the petitioner from Daporijo to Ziro was cancelled. The petitioner contends that apart from the fact that no reasons have been assigned for such transfer, the same was made at the behest of the Minister of Agriculture, Horticulture, Animal Husbandry, Veterinary, Dairy Development and Fisheries, who is connected to the private respondent. Accordingly, the present writ petition has been filed.

(3.) Shri Tari, learned counsel for the petitioner has submitted that the very fact of cancelling the order of transfer after coming into effect is itself an illegality. The learned counsel has also emphasised on the fact that within a period of about 7 days of joining, such transfer was cancelled which cannot be in the interest of public service. The learned counsel fairly submits that though a writ court would be loath in interfering in matters of transfer, in a matter of this nature where illegality is blatant, this Court would certainly interfere and give the relief to the petitioner.