Page No.# 1/4 GAHC040012062025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/328/2025 Avishek Kumar Verma Son of Shri Binod Kr Verma, presently serving as PGT (Mathematics) Govt Higher Secondary School, Nyapin, Po and PS Nyapin, Kurung Kumey District, Arunachal Pradesh. VERSUS The State of AP and 3 Ors represented by the Secretary/ Commissioner, School Education, Govt of Arunachal Pradesh, Itanagar. 2:The Director of Secondary Education Age: 0 Occupation : Govt of Arunachal Pradesh Itanagar. 3:The Deputy Director of School Education Age: 0 Occupation : PO and SP Nyapin Kurung Kumey District Arunachal Pradesh. 4:The Principal Age: 0 Occupation : Govt Higher Secondary School Nyapin PO and PS Nyapin Kurung Kumey District Arunachal Pradesh Advocate for the Petitioner : Kemo Lollen, T Noshi,Arun Yun,Maryum Sora,Nyai Loyi,Geli Taye,D Ado Page No.# 2/4 Advocate for the Respondent : Taba Tagum, SC (Education) BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER 07.11.2025 Heard Mr. K. Lollen, learned counsel for the petitioner. Also heard Mr. T. Tagum, learned Standing Counsel, Education Department for the respondents. 2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner seeks a direction to the respondent authorities, more particularly respondent No. 4, the Principal, Government Higher Secondary School, Nyapin, to release him from Government Higher Secondary School, Nyapin, in terms of the transfer and posting order bearing No. DSE-11012/1/2024 dated 13.08.2024, signed on 11.09.2024. 3. The case of the petitioner is that he was appointed as a Post Graduate Teacher (Mathematics) at Government Higher Secondary School, Nyapin, Kurung Kumey District, Arunachal Pradesh, in the year 2012. The Director of Secondary Education, Government of Arunachal Pradesh, Itanagar, issued a transfer and posting order vide No. DSE-11012/1/2024 dated 13.08.2024 (signed on 11.09.2024), whereby the petitioner was transferred from GHSS, Nyapin, to Government Higher Secondary School, Namsai, Namsai District. The said transfer order was issued with a condition that the DDSE/Principal concerned shall release the transferred teachers only upon the joining of Guest Faculty of the same subject in the institution. Page No.# 3/4 4. It is submitted that the petitioner has not been released from GHSS, Nyapin, till date, even after the lapse of about nine months from the date of issuance of the transfer order, due to non-posting of a reliever against his post. It is further submitted that the petitioner has already completed thirteen (13) years of continuous service at GHSS, Nyapin, since his initial appointment, without availing any transfer. Despite the issuance of the transfer order, he has not yet been released only because no Guest Faculty for Mathematics has been posted at GHSS, Nyapin, against the petitioner. It is submitted that non-posting of guest faculty/reliever against his post at GHSS, Nyapin is due to the inaction on the part of the respondent authorities for which the petitioner should not be made to suffer and continue in the present post for indefinite period. 5. Mr. Tagum, learned Standing Counsel for the Education Department on instruction, submits that the principal of the school was required to apprise the Director of Secondary Education (respondent No. 2) regarding the requirement for a Guest Faculty; however, in the instant case, the same has not been done. Owing to this lapse, the posting of reliever/Guest Faculty at GHSS, Nyapin, could not be effected. Nonetheless, learned Standing Counsel fairly submits that due to the failure on the part of the authorities, the petitioner cannot be made to suffer and continue at the present place of posting for such a long period, and thus, he has no objection if the present petition is allowed by directing the release of the petitioner. 6. In view of the above and considering that the petitioner has already been transferred by an order dated 13.08.2024 but has not been released even after more than thirteen months, this Court is of the opinion that the petitioner deserves to be released forthwith. Page No.# 4/4 7. Accordingly, the writ petition is allowed. The respondent authorities, more particularly respondent No. 4, is directed to release the petitioner from Government Higher Secondary School, Nyapin, within 15 days from the date of certified copy of this order to enable him to join his new place of posting at Government Higher Secondary School, Namsai. 8. In terms of the above, the writ petition stands allowed and disposed of. JUDGE Comparing Assistant