Page No.# 1/4 GAHC040017762025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/503/2025 Miss Michi Assung Daughter of Shri Michi Rika, resident of Village Michi, PO and PS Ziro, Lower Subansiri District, Arunachal Pradesh and presently serving as TGT (English), GSS Pakoti, East Kameng District, Arunachal Pradesh. VERSUS The State of AP and 2 Ors represented by the Commissioner Education, Govt of Arunachal Pradesh, Itanagar. 2:The Deputy Director of School Education Age: 0 Occupation : East Kameng District Seppa. 3:The Director of Secondary Education Age: 0 Occupation : Govt of Arunachal Pradesh Itanagar Advocate for the Petitioner : T Gameh, S Riang,M Ranka Advocate for the Respondent : Taba Tagum, SC (Education) Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA ORDER Date : 10.11.2025 Heard Mr. T. Game, learned counsel for the petitioner as well as Mr. T. Tagum, learned standing counsel for the Education Department representing all the respondents. 2. In brief, the case of the petitioner is that she is Trained Graduate Teacher (English), under the Department of Education, Govt. of Arunachal Pradesh. She has rendered more than 5 (five) years of service at the Govt. Secondary School, Pakoti, East Kameng District. By an order DSE-11012/2/2025, dated 02.06.2025, at serial no. 14 of the said common order, the petitioner was transferred from GSS, Pakoti, East Kameng District to GHSS, Hija, Lower Subansisri District, indicating that the petitioner would be the second person to move and the person whose name appeared at serial no. 13 is required to make the first move. It is projected that on 09.06.2025, the Head Master, Govt. Secondary School, Pakoti has released the petitioner to enable her to join a new place of posting. However, as the reliever has not joined, the petitioner could not move and take over the charge. 3. At this stage, the learned standing counsel for the Education Department, while opposing the writ petition, has submitted that the authority to relieve the petitioner is Deputy Director of School Education of the concerned district, i.e., East Kameng District, which is to be done after obtaining administrative approval from the Deputy Commissioner, East Kameng District. 4. By order dated 30.10.2025, the Court had permitted the learned standing counsel for the Education Department to get instructions in the matter. Page No.# 3/4 However, it is submitted that the required instructions in writing has not been received. 5. It is not in dispute that as per the Teachers Transfer and Posting Policy, 2025 under Clause 10 (xviii), it is provided that if the teacher fails to comply with the transfer order his/ her pay shall be put to hold from the sixteenth days onwards. It is under such circumstances that the petitioner has approached this Court seeking a direction upon the respondent no. 2 to implement the transfer order dated 02.06.2025 and to permit the petitioner to join her new place of posting at GHSS, Hija, Lower Subansiri District. 6. In view of the Teacher Posting Policy, 2025, specifically with regard to clause 10 (xviii), taking note of the fact that the Head Master of the concerned school has relieved the petitioner on 09.06.2025, the respondent no. 3, namely, the Director of Secondary Education, Govt. of Arunachal Pradesh and the respondent no. 2, namely, the Deputy Director of School Education, East Kameng District are both directed to pass consequential orders pursuant to herein before referred transfer order dated 02.06.2025, so as to enable the petitioner to join the transferred place of posting. Both the authorities are also directed to ensure that as the petitioner is relieved from her transfer School on 09.06.2025, the date when the school Head Master has relieved the petitioner, so that the petitioner would not suffer any pay cut and/ or loss of salary and/ or any adverse remarks in her ACR for not being able to join the transferred place of posting. Consequentially, both the authorities are further directed that the pay and other allowances due to the petitioner shall be duly paid on due time without penalizing for any reason whatsoever. 7. The petitioner shall produce a certified copy of the order before the Deputy Director of School Education, East Kameng District in course of the Page No.# 4/4 week. On receipt of a certified copy of the order, the Deputy Director of School Education, East Kameng (respondent no. 2) shall ensure that a copy of the said order is transmitted to the respondent no. 3 i.e., the Director of Secondary Education, Govt. of Arunachal Pradesh within 2 (two) working days thereafter. 8. The authorities shall give sufficient time to the petitioner to move and join her new place of posting. 9. The writ petition stands allowed at the motion stage without issuance of notice on the respondents. 10. The respondent authorities are permitted to move this Court for modification of the order, if exigencies of administration so requires. JUDGE Comparing Assistant