Page No.# 1/6 GAHC040001642025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(C)/28/2025 Tamchi Taniang Son of Late Tamchi Tai, DPC, Office of the Deputy Director of School Education, Daporio, PO and PS Daporijo, Upper Subansiri District, Arunachal Pradesh. VERSUS Taw Dulum and 7 Ors Son of Taring Dulom, permanent resident of Daporijo, PO and PS Daporijo, Arunachal Pradesh. 2:The State of Arunachal Pradesh Age: 0 Occupation : through the Commissioner (Education) Govt of Arunachal Pradesh Itanagar. 3:The Commissioner (Education) Age: 0 Occupation : Govt of Arunachal Pradesh Itanagar. 4:The Secretary (Education) Age: 0 Occupation : Govt of Arunachal Pradesh Itanagar. 5:The State Project Director Age: 0 Occupation : Samagra Shiksha/ ISSE Arunachal Pradesh Itanagar 791111 Page No.# 2/6 6:The Deputy State Project Director Age: 0 Occupation : Samagra Shiksha/ ISSE Arunachal Pradesh Itanagar 791111 7:The District Project Officer Age: 0 Occupation : Samagra Shiksha ISSE Upper Subansiri District Daporijo. 8:Nyato Dukam Age: 0 Occupation : Hon'ble Minister (Commerce and Industries Labour IPR etc) Govt of Arunachal Pradesh Advocate for the Petitioner : Abhai Kumar Singh, Tsering Nyima,Nabam Kakum Advocate for the Respondent : Taja Garam, SC (Education),Taba Tagum Linked Case : WP(C)/22/2025 Taw Dulom Age: 43 Occupation : Address:Son of Taring Dulom permanent resident of Daporijo PO and PS Daporijo Arunachal Pradesh. VERSUS The State of AP and 7 Ors Age: 0 Occupation : Address:through the Commissioner Page No.# 3/6 Education Govt of Arunachal Pradesh Itanagar. 2:The Commissioner Education Age: 0 Occupation : Address:Govt of Arunachal Pradesh Itanagar. 3:The Secretary Education Age: 0 Occupation : Address:Govt of Arunachal Pradesh Itanagar. 4:The State Project Director Age: 0 Occupation : Address:Samagra Shiksha / ISSE Arunachal Pradesh Itanagar 791111 5:The Deputy State Project Director Age: 0 Occupation : Address:Samagra Shiksha/ ISSE Arunachal Pradesh Itanagar 791111 6:The District Project Officer Age: 0 Occupation : Address:Samagra Shiksha/ ISSE Upper Subansiri District Daporijo. 7:Tamchi Taniang Age: 0 Occupation : Address:DPC O/o the DDSE Raga Kamle District 791120 8:Nyato Dukum Age: 0 Page No.# 4/6 Occupation : Address:Honorable Minister (Commerce and Industries Labour IPR etc) Govt of Arunachal Pradesh. ------------ Advocate for : Gimi Tarak Advocate for : Taba Tagum appearing for The State of AP and 7 Ors: Advocate , , , , , , , appearing for 2, 3, 4, 5, 6, 7, 8, respectively. BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM ORDER Date : 14/02/2025 Heard Mr. A. K. Singh, learned counsel for the applicant/respondent no. 7 in the writ petition. Also heard Mr. J. Paffa, learned counsel appearing for the writ petition/opposite party no. 1. Mr. T. Tagum, learned Standing counsel, Education Department, AP, is present on behalf of the official respondents. Page No.# 5/6 By filing WP(C) 22(AP)/2025, the opposite party no.1 as writ petitioner has challenged the transfer order dated 26/12/2024, by means of which, he has been transferred from his present place of posting as DPC, Daporijo in the Upper Subansiri District and posted in the same capacity at Raga under Kamle District vice the applicant/respondent no. 7. The challenge to the transfer order is mainly on the ground that the order has been issued at the instance of a Minister i.e. the respondent no. 8 in the writ petition, who was not connected with the affairs of the concerned department. Taking note of the grievance expressed in the writ petition, the learned Single Judge had passed order dated 17/01/2025 directing the parties to maintain status quo. The present IA has been filed by the respondent no. 7 as applicant seeking vacation/modification of the interim order dated 17/01/2025. The departmental authorities, viz. the respondent nos. 1 to 6 have filed affidavit bringing relevant documents and facts on record. From the documents placed on record, it appears that the opposite party no.1/writ petitioner was posted at Daporijo vide order dated 23/12/2021 and before the issuance of the impugned transfer order, he had not only completed the normal tenure of two years at that place of posting but had actually spent more than three years at Daporijo. Mr. Tagum further submits that Raga Headquarter has been newly created in Kamle District and, therefore, the posting of the opposite party no.1/writ petitioner at Raga is purely in administrative exigency. The department has also strongly refuted the allegation of political interference in issuance of the transfer order. Although, the counter affidavit on behalf of the departmental authorities was filed on 03/02/2025, no rejoinder has been filed by the opposite party no.1/writ petitioner. Today, when the matter is taken up, Mr. J. Paffa submits that his senior Mr. T. Garam is out of station and as such, the matter be adjourned. Considering the submission of Mr. Paffa, final hearing of the writ petition stands adjourned. However, taking note of the facts and circumstances of the case, particularly, the Page No.# 6/6 fact that the opposite party nio.1/writ petitioner has spent more than three years in his present place of posting, this Court is not inclined to extend the interim order dated 17/01/2025 passed in WP(C) 22(AP)/2025. As such, the order dated 17/01/2025 is hereby vacated. IA stands disposed of. JUDGE Comparing Assistant