YODHAN PRASAD SINGH Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) HEARD Mr. T. Pertin, learned counsel, appearing for the petitioner. Also Mr. R. H. Nabam, learned Senior Government Advocate, appearing on behalf of State respondents 1 and 2 and Mr. R. Saikia, learned counsel appearing on behalf of private respondent No. 3.

(2.) THE facts leading to filing of this writ petition are that the petitioner, who was working as Executive Engineer in the O/o Chief Engineer, RWD, was transferred as Executive Engineer at Khonsa vide Office Order No. SRWD-15/2004 (Pt)/85 dated 11. 07. 2005 issued by the Principal Secretary (RWD), Government of Arunachal Pradesh, vice one Sri R. Choudhury, who was working as Executive Engineer at Khonsa. The aforesaid transfer order was resisted by Sri R. Choudhury and he did not hand-over the charge to the petitioner which compelled the petitioner to approach this Court by way of filing a writ petition being WP (C) 235 (AP) 2006 wherein a direction was issued on 24. 05. 2006 for ensuring compliance of transfer order so that he could take charge as Executive Engineer, RWD Khonsa Division. The petitioner then took-over the charge from the said Executive Engineer Sri R. Choudhury and he has been discharging his functions as Executive Engineer at RWD Khonsa Division w. e. f. 28. 04. 2006. The respondent Commissioner has again issued an order under Memo No. SRWD-15/2004 dated 07. 07. 2009 transferring Sri R. Choudhury, Executive Engineer, from Miao Circle to Roing Circle vice one Sri T. Kena, Executive Engineer, without involving the present writ petitioner but within about a month or so, the respondent authorities modified the aforesaid transfer order dated 07. 07. 2009 vide Office Order No. SRWD-15/2004 (Pt)/126 dated 06. 08. 2009 whereby the petitioner has been transferred from RWD Khonsa Division to Miao Circle vice Sri T. Kena transferred from Miao Circle to RWD Khonsa Division. This order (Annexure-P/4 to the writ petition) is the subject matter of challenge in this writ petition.

(3.) MR . R. H. Nabam, learned Senior Government Advocate, has produced the relevant file namely SRWD-15/2004 (Pt) regarding transfer and posting of Executive Engineers under the Rural Works Department. Mr. R. H. Nabam, learned Senior Government Advocate submits that the impugned transfer order was passed mainly on the ground that the petitioner has completed 3 years of service at Khonsa. The State Government has modified the earlier notification allowing an official to serve for a period of 3 years at a place of posting and at present, it has been reduced to a period of 2 years only. Considered on the basis of the present Government policy of posting of the officials, the petitioner, according to him, Mr. R. H. Nabam, learned Senior Government Advocate, has exceeded his normal period of posting at RWD Khonsa Division and his transfer to Miao is a routine transfer made in the public interest and there is no vested interest or malafide intention as alleged by the petitioner.