Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC040011902025 2025:GAU-AP:852
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/320/2025 Mrs Pisa Yajik Wife of Tam Romipaul, resident of C Sector, Itanagar, PO and PS Itanagar, Papum Pare District, Arunachal Pradesh 791110 VERSUS The State of AP and 3 Ors represented by the Commissioner, 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 : Keyi Panyor District Arunachal Pradesh. 4:The Principal Age: 0 Occupation : Govt Higher Secondary School Talo Keyi Panyor District Arunachal Pradesh Advocate for the Petitioner : Chorpok Modi, Biri Esther,Maklek Lego,Nannu Yubi,Tadar Bai,Wanglat Khomrang,Maji Dui,K Gara,Tame Rimi,Uttam Deka Advocate for the Respondent : Taba Tagum, SC (Education)
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BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 22-07-2025 Heard Mr. Chorpok Modi, learned counsel for the petitioner. Also heard Mr. Taba Tagum, learned Standing counsel for the Education Department. 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 the respondent no. 4 to release the petitioner from GHSS, Talo, Keyi Panyor to enable her to join her new posting place at GHSS, Nirjuli, ICR. 3. The petitioner is presently serving as TGT (Pol. Science) at GHSS, Talo, Keyi Panyor having joined in pursuant to the order dated 08.05.2020 by which the petitioner was appointed as Trained Graduate Teacher (TGT) and posted at GHSS, Talo, Keyi Panyor, Lower Subansiri District. And since her joining, she has been continuously serving in the said school till date. 4. The further case of the petitioner is that by an order dated 13.08.2024, issued by the Director of School Education, Government of Arunachal Pradesh (Respondent No. 2), she has been transferred and posted from GHSS, Talo, Keyi Panyor, to GHSS, Nirjuli, ICR on completion of her tenure, with a direction to the Principal/DDSE concerned to release the teacher from the school as and when the guest faculty of the same subject joins the institute, or else action will be initiated as per the CCS (CCA) Rules 1965 for non-compliance of the Government order. Page No.# 3/4
5. It is the further case of the petitioner that by an order dated 02.06.2025, one Smti.
Ngapjo Wangpan TGT (SST) has been transferred from GHSS, Longding to GHSS, Talo, Keyi Panyor as reliever of the petitioner. However, despite of the petitioner being transferred from the present GHSS, Talo, Keyi Panyor to GHSS, Nirjuli, ICR and in her place the new incumbent has already joined at GHSS, Talo, Keyi Panyor, the petitioner has not been released from GHSS, Talo, Keyi Panyor till date. 6. The learned counsel for petitioner submits that the DDSE (E), Itanagar, by W.T. message has directed the Principal, GHSS, Talo, Keyi Panyor (Respondent. No.4) to immediately release the petitioner from GHSS, Talo, Keyi Panyor to enable the petitioner to join the new place of posting at GHSS, Nirjuli, ICR, and also to report the action taken to the Commissioner (Education) and Director of Secondary Education. It was also made clear in the said message that non- compliance of the order will be viewed seriously and the matter was shown as urgent. However, despite of such direction, the Principal, GHSS, Talo, Keyi Panyor has not yet released the petitioner from GHSS, Talo, Keyi Panyor. 7. Being aggrieved, the petitioner submitted a representation before the Deputy Commissioner, Keyi Panyor on 04.07.2025, with a request to release her as per the transfer order dated 13.08.2024. 8. Under the above facts and circumstances of the case, the learned counsel for the petitioner submits that despite of the petitioner being transferred from GHSS, Talo, Keyi Panyor to GHSS, Nirjuli, ICR and the subsequent direction to the Principal, GHSS, Talo, Keyi Panyor by the Deputy Director, School Education (E), Government of Arunachal Pradesh, the respondent no. 4 has not yet
Page No.# 4/4 released the petitioner from GHSS, Talo, Keyi Panyor. Therefore, the petitioner seeks a direction to the respondents, more particularly the respondent No. 4 to release the petitioner from GHSS, Talo, Keyi Panyor to enable her to join her new place of posting at GHSS, Nirjuli, ICR as per the transfer order dated
13.08.2024. 9. Mr.
Taba Tagum, learned Standing Counsel, Education Department fairly submitted that since the petitioner has been transferred on completion of her term at GHSS, Talo, Keyi Panyor and the reliever of the petitioner has already joined the GHSS, Talo, Keyi Panyor, there is no reason why the petitioner should not be released from GHSS, Talo, Keyi Panyor, to enable her to join her new place of posting at GHSS, Nirjuli, ICR. Therefore, he has no objection if a direction is given to the respondent authorities, more particularly, respondent no. 4 to release the petitioner by giving sufficient time. 10. In view of the above, this petition is disposed of at the motion stage itself with a direction to the respondents, more particularly the Respondent No. 4, Principal, GHSS, Talo, Keyi Panyor to comply with the Government’s Order dated 13.08.2024 and release the petitioner to enable her to join her new posting place at GHSS, Nirjuli, ICR within a period of 15 (fifteen) days from the date of receipt of a certified copy of this order. 11. With the above, this writ petition stands disposed of. JUDGE Comparing Assistant