DUKEN KATO Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) A.D. Choudhury, J 1. Heard Mr. D. Mazumder, learned Senior Counsel assisted by Mr. C. Gogoi, learned counsel for the appellant. Also heard Mr. N. N. B. Choudhury, learned Additional Advocate General, Government of Arunachal Pradesh representing the respondent Nos. 1 to 4, Mr. D. Das, learned Senior Counsel assisted by Mr. R. B. Phookan, learned counsel for the respondent No. 5 and Mr. D. Kamduk, learned counsel for the respondent No. 6.

(2.) The present intra court appeal is directed against the judgment and order dtd. 28/9/2022 passed in WP(C) No. 292(AP)/2022 by the learned Single Judge, which was preferred by the appellant/ writ petitioner assailing the order of transfer dtd. 21/7/2022, issued on 29/7/2022 as well as the speaking order dtd. 24/8/2022, passed by the Commissioner (Education), Govt. of Arunachal Pradesh.

(3.) The case of the appellant writ petitioner:- I.The appellant/writ petitioner filed a representation dtd. 13/1/2021 before his employer that he has been outside his home district for about 17 years and to enable him to take care of his ailing mother who was 90 years old then, requested his posting at Aalo, West Siang district. Considering the same, the department by an order dtd. 4/5/2021 transferred the appellant from Itanagar, Directorate office to Aalo, West Siang District as DDSE. The appellant joined there on 10/5/2021 and he has been working there since then.