STATE OF ARUNACHAL PRADESH Vs. TAKAM PATE

JUDGEMENT

(1.) Both the appeals aforenoted filed by the State appellants, against of the judgment and order, delivered in WP (C) No. 431 (AP)/ 2006, and WP(C) No. 94(AP)/2009, raise some questions of law based on similar factual matrix, we, therefore, propose to take up both the appeals together for hearing and disposal. The core question, which arose for consideration before the learned Single Bench, is: whether transfer of administrative control of employees working in the Directorate of Sports and Youth Affairs, Government of Arunachal Pradesh, to the Directorate of School Education, Government of Arunachal Pradesh, without obtaining consent of the concerned employees, is valid and legal.

(2.) In order to appreciate the controversy, involved in the writ petitions, it would be apposite to lay, in brief, the facts leading to filing of the same:

(3.) It has been contended, on behalf of the respondents, that Sri Gumti Ete was already working as PET at the Navodaya Vidyalaya Samity at Champaran, Bihar, on a higher pay scale of Rs. 5500-9000/- per month. However, he opted to join his present assignment, having lesser pay scale of Rs. 4500-7000/-, keeping in mind the availability of chances of promotion and future prospect of career advancement under the Directorate of Sports and Youth Affairs.