GENYA SORA Vs. STATE OF A. P.

JUDGEMENT

(1.) Heard Ms. E. Perme, learned counsel for the petitoner. Also heard Mr. D. Soki, learned State Counsel for the respondent Nos. 1, 2 & 5 as well as Mr. K. Lollen, learned counsel for the private respondent No. 4.

(2.) By filing this writ petition, the petitioner is assailing the impugned Transfer Order dated 10.09.2020 (Annexure-5), by which he has been transferred from Mechuka Hydro Power Division to Geku Hydro Power Division. According to the petitioner, vide order dated 04.08.2020, the Governor of Arunachal Pradesh accorded administrative approval for renaming Aalo Hydro Power Division-I as Mechuka Hydro Power Division to look after the works of Si Yomi District. Accordingly, the Assistant Surveyor of Works, Hydro Power Division, Aalo-I was to be shifted as Assistant Surveyor of Works, Mechuka Hydro Power Division with all existing staffs and function as Assistant Engineer (Civil), Mechuka as additional charge. The petitioner who was holding the post of Assistant Surveyor of Works accordingly was required to proceed to Mechuka to look after the new division. However, vide the impugned order dated 10.09.2020, within a period of little over one month, the petitioner has been transferred from Mechuka Hydro Power Division to Geku Hydro Power Division. The petitioner being aggrieved is before this Court.

(3.) Ms. E. Perme, learned counsel submits that it is a case of frequent transfer inasmuch as, the petitioner had just joined the new Hydro Power Division at Mechuka in the month of August, till the impugned order came to be issued on 10.09.2020. She submits that the petitioner upon having come to learn from a reliable source that the department concerned was processing his transfer and posting from Mechuka Hydro Power Division to other Division, he submit a representation on 02.09.2020 before the respondent No. 1. However, without considering his representation, the impugned transfer order was issued by the said authority. The petitioner also again approached the respondent No. 1 by submitting his second representation on 15.09.2020, which again was not considered by the said authority. The learned counsel submits that as per the standing guidelines followed by the State Government, the minimum period of posting in a particular place is for two (2) years. However, in violation of this guideline, the respondent authorities have issued the impugned transfer order. As such, she submits that the same should be set aside and the interim order passed by this Court on 17.09.2020 should be made absolute.