Page No.# 1/4 GAHC040011942025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/324/2025 Smti Suchitra Lego Daughter of Shri Romdang Lego, Silluk Village, PO Mebo, PS Mebo, East Siang District, Arunachal Pradesh 791104 VERSUS The State of AP and 2 Ors represented by Secretary, Women and Child Development Department, Civil Secretariat, Itanagar, Arunachal Pradesh 791111 2:The Secretary Age: 0 Occupation : Women and Child Development Govt of Arunachal Pradesh Civil Secretariat Itanagar Arunachal Pradesh 791111 3:Smti Bagdevi Dabi Age: 0 Occupation : Camp Nirjuli ICDS Project Karsingsa Women and Child Development PO Nirjuli 791109 PS Nirjuli Papum Pare District Arunachal Pradesh Advocate for the Petitioner : Sunil Mow, R Dutta Page No.# 2/4 Advocate for the Respondent : GA (AP), BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 22.07.2025 Heard Mr. S. Mow, learned counsel for the petitioner. Also heard Mr. S. Tapin, learned Senior Government Advocate for respondent Nos. 1 and 2. 2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner has challenged the order dated 12.06.2025, whereby, the she has been transferred from Kanubari ICDS Project to Kitpi ICDS Project with immediate effect. 3. The petitioner serving under Women and Child Development Department was transferred to the present place of posting at Kanubari, ICDS Project on her own request on health ground, as the Kanubari is near to Dibrugarh hospital where better facilities for her treatment are available. She has barely completed 2(two) years in the present posting place and is presently on 30(thirty) days medical leave. It is submitted that during this period, she has been issued with the impugned transferred order dated 12.06.2025 posting her to Kitpi ICDS Project with immediate effect but, she is still on medical leave and she has not been relieved from Kanubari. 4. The petitioner contents that the impugned transferred order is arbitrary inasmuch as she has been posted in the present place of posting at Kanubari on medical ground and she is still under treatment. 5. The learned counsel for the petitioner submits that the transferred of the Page No.# 3/4 petitioner will seriously prejudice her health as she is still undergoing treatment for her ailment. The petitioner has submitted a representation before the Secretary-cum-Commissioner, Women and Child Development, Government of Arunachal Pradesh (respondent No. 1) along with the medical certificate, seeking to retain her at the current posting which is yet to be decided. 6. Mr. S. Tapin, learned Senior Government Advocate submits that the transfer and posting are incidents of services, and since the petitioner has completed her tenure in the present place of posting, there is no ground for retaining her in the present place of posting, and being the government employee, the petitioner should comply with the orders of the government and join her place of posting immediately in compliance of the transfer order dated 12.06.2025. 7. At this stage, the learned counsel for the petitioner submits that since the petitioner is under medical treatment and on that ground, she has submitted a representation before the respondent authority, he has limited prayer to dispose of this writ petition with a direction to the respondent authority to dispose of the representation submitted by the petitioner. 8. The learned Senior Government Advocate does not have any objection to such direction. 9. In view of the above, and as agreed upon by the learned counsel for the parties, this writ petition is disposed of at the motion stage itself with a direction to the respondent authorities more particularly the respondent No. 1 to consider and dispose of the petitioner’s pending representation by passing a reasoned order in accordance with law within 20 (Twenty) days from the date of receipt of a certified copy of this order. Till then, the status-quo as on date shall be Page No.# 4/4 maintained. 10. The petitioner is also permitted to submit fresh representation along with the relevant medical documents/ certificate. 11. With the above, this writ petition stands disposed of. JUDGE Comparing Assistant