Page No.# 1/8 GAHC040015962024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/544/2024 Er Taban Tabing Daughter of Late Talok Tabing, permanent resident of Riew Village, PO and PS Boleng, Siang District, Arunachal Pradesh and presently working as Executive Engineer at Urban Development and Housing Department, Boleng Division, Siang District, Arunachal Pradesh. VERSUS The State of AP and 2 Ors represented by the Commissioner, Urban Affairs, Govt of Arunachal Pradesh, Civil Secretariat, Itanagar, Arunachal Pradesh. 2:The Under Secretary Age: 0 Occupation : Urban Affairs Govt of Arunachal Pradesh Itanagar Arunachal Pradesh. 3:Tadar Relum Age: 0 Occupation : In charge Executive Engineer/ Surveyor of Works Office of the Chief Engineer Urban Development and Housing Department Itanagar Papum Pare District Arunachal Pradesh Advocate for the Petitioner : Adam Tatak, Nyali Sora,M Tanga,Marto Kato,Logsang Yountan,Tukrin Ligu,Dejum Tally,Goyi Taba Raju,Tonni Gammi,Tanur Gao,Kaling Mibang,Amy Talom,Tsering Gyatso Page No.# 2/8 Advocate for the Respondent : GA (AP), M Pertin,Karyom Dabi,Rimo Riba BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER Date : 06-05-2025 Heard Mr. A. Tatak, learned counsel for the petitioner. Also heard Mr. R. H. Nabam, learned Additional Senior Government Advocate appearing for the respondent Nos. 1 & 2 and Mr. R. Riba, learned counsel for the respondent No. 3. 2. The petitioner, Taban Tabing, is an Executive Engineer in the Urban Affairs Department of the State. The respondent authorities in the Urban Affairs Department of the State, by an order under Memo No. DUD/Estt- 459/2010-11/3563-74, dated 12.10.2020, issued on 14.10.2020, transferred the petitioner, on his own request, from Roing Division and posted him at Boleng Division. Since then, the petitioner is serving at Boleng Division. 3. The Commissioner (Urban Affairs), Government of Arunachal Pradesh, Itanagar, the respondent No. 1, by Order No. SUDH-11/16/2024-SUDH- UDH/618, dated 27.10.2024, issued on 29.10.2024, transferred the petitioner from Boleng Division and posted him as Surveyor of Works-I in the Office of the Chief Engineer, Urban Development & Housing at Itanagar. By the same transfer order dated 27.10.2024, issued on 29.10.2024, the respondent No. 1 transferred the respondent No. 3, Surveyor of Works-I in the Office of the Chief Engineer, Urban Page No.# 3/8 Development & Housing, Itanagar and posted her as an Executive Engineer at Boleng UD Division. 4. Aggrieved with the said order of his transfer, passed by the respondent No. 1, dated 27.10.2024, issued on 29.10.2024, noted above, the petitioner filed this writ petition on 21.11.2024, praying amongst others, to quash and set aside the said impugned transfer order dated 27.10.2024, issued on 29.10.2024 by which he has been transferred from Boleng UD Division to the Office of the Chief Engineer, Urban Development & Housing at Itanagar. The petitioner also prayed for an interim order to stay his said order of transfer and posting, dated 27.10.2024, issued on 29.10.2024. 5. On 22.11.2024, the Court, while issuing notice to the respondents, in the interim, directed the respondent authorities in the Urban Affairs Department of the State, not to give effect to the said order of transfer of the petitioner, dated 29.10.2024 and it is still in force. 6. The contention of the petitioner is that the coordinate Bench of this Court, in the cases of Niapung Konia vs. The State of Arunachal Pradesh & Others [WP(C) No. 257(AP)2016] and Hibu Tama vs. the State of Arunachal Pradesh & Others [WP(C)189(AP)2020], have held that there cannot be an inter se transfer between Officers, who are not similarly placed Officers in the Department. Since he is an Executive Engineer in the Urban Affairs Department of the State, whereas, the respondent No. 3 is only an Assistant Engineer of the Department, as such, pursuant to the decision of the coordinate Bench of this Court, passed in Niapung Konia (Supra) and Hibu Tama (Supra), the petitioner submitted that the impugned order of his transfer dated 27.10.2024, issued on 29.10.2024, Page No.# 4/8 transferring him from Boleng Division to the Office of the Chief Engineer (UD&H), Itanagar, needs to be interfered with and should be set aside and quashed. 7. Petitioner has also submitted that he will retire from service in the year 2026 and therefore, the respondent authorities should also consider the said aspect while transferring him from Boleng Division. 8. The State respondent Nos. 1 & 2 have filed their affidavit on 26.03.2025, serving a copy of the same on the counsel for the petitioner. However, till date, the petitioner did not file any rejoinder to the said affidavit of the respondents. 9. In the affidavit filed by the State respondents, it is admitted that the respondent No. 3, Surveyor of Works-I, in the Office of the Chief Engineer (UD&H), Itanagar has been transferred and posted as Executive Engineer, Boleng, UD Division against the petitioner and that the petitioner has been attached in the Office of the Chief Engineer (UD&H), Itanagar, in the public interest by the impugned order of transfer dated 29.10.2024. The State respondents also specified that the transfer and posting of an Officer is a prerogative of the Government that are made in the exigency of works and interest of public service, which are incidence to Government Service. The respondents further clarified that the petitioner was serving as an Executive Engineer at Boleng UD Division since 14.10.2020 and has completed more than 4 (four) years in the same place of posting though as per normal tenure, for a government employee posting in a particular place is for 2 (two) years. 10. The State respondents stated that pursuant to the impugned transfer Page No.# 5/8 order dated 29.10.2024, the respondent No. 3 has already been released from the Office of the Chief Engineer (UD&H) Itanagar and has joined her service at Boleng UD Division on 11.11.2024, but the petitioner did not handover charge to the said respondent. In that regard, the respondents have placed the release order of the respondent No. 3, dated 31.10.2024, issued on 01.11.2024 and her joining report at Boleng dated 11.11.2024 before the Chief Engineer. 11. The respondent No. 3, has also filed an affidavit, stating that pursuant to the order dated 29.03.2023 issued by the respondent authorities, she served as a Surveyor of Work-I in the Office of the Chief Engineer (UD&H) at Itanagar that is equivalent to the post of Executive Engineer. She also stated that pursuant to the impugned transfer order dated 27.10.2024 issued on 29.10.2024, she was released from the Office of the Chief Engineer (UD&H) at Itanagar on 01.11.2024 and that she has already submitted her joining report at Boleng on 11.11.2024. Therefore, she submitted that the impugned transfer order dated 27.10.2024, issued on 29.10.2024, transferring her from the Office of the Chief Engineer (UD&H), Itanagar to Boleng UD Division should not be interfered with. 12. The respondent No. 3, also placed before the Court that as per the initial service record, the Date of Birth of the petitioner is 14.12.1961, who should have retired from service by 31st December, 2021 on attaining the age of superannuation at the age of 60 years. But shockingly, he is holding the service and enjoying the salaries and all other benefits and allowances of regular services till date. The respondent No. 3 submitted that a writ petition, being WP (C) No. 280 (AP) of 2024 preferred by one Ramu Walley, an Executive Engineer is presently pending for adjudication against Page No.# 6/8 the petitioner in that regard. As such, it is submitted by the respondent No. 3 that the petitioner has no such right to challenge the impugned order of transfer, dated 27.10.2024, issued on 29.10.2024. 13. It is also seen that though the respondent No. 3 filed its affidavit on 28.01.2025 by serving a copy of the same to the learned counsel for the petitioner, but the petitioner did not file any rejoinder/counter affidavit to the claim of the respondent No. 3. 14. In the affidavit filed by the Official respondents, it is submitted that since the petitioner is retiring from service on 31.03.2026 as per his Class- X pass certificate submitted by him, he has been posted as Surveyor of Works-I in the Office of the Chief Engineer (UD&H) at Itanagar, so that he could engage in preparation work for his pension papers as the Director of Accounts and Treasuries, Audit and Pension Offices are located at Itanagar and Naharlagun, respectively. It is submitted that for his such convenience also the petitioner, has been transferred from Boleng Division and posted at Itanagar. 15. From the impugned order of transfer, dated 27.10.2024, issued on 29.10.2024, transferring the petitioner from Boleng UD Division to the Office of the Chief Engineer (UD&H), Itanagar as Surveyor of Works-I, it can be seen that the same has been issued in the interest of public service. The petitioner in this writ petition, did not allege that the impugned order of this transfer has been issued malafide or to favour the respondent No. 3, but the only ground taken by the petitioner is that the respondent No. 3, who is to replace him at Boleng UD Division is not an Executive Engineer but an Assistant Engineer. Though the petitioner alleged that the transfer and posting of the respondent No. 3 to replace Page No.# 7/8 him at Boleng UD Division is illegal and arbitrary and only to accommodate the private respondent No. 3, but in that regard the petitioner did not place any specific material before the Court to accept his said contention. 16. Moreover, in this petition, the petitioner did not state before the Court since when he is serving at Boleng UD Division and also remained silent with regard to the order of his transfer on his own request dated 12.10.2020 transferring him from Roing Division and posting him at Boleng UD Division. 17. Further, the petitioner filed this writ petition on 21.11.2024, after the impugned order of his transfer dated 27.10.2024, issued on 29.10.2024 has come into effect as the respondent No. 3 was already released from Itanagar on 01.11.2024 and she joined at Boleng on 11.11.2024 and to that extent, the petitioner suppressed the said fact before the Court and remained silent in this writ petition. 18. Law is well settled that transfer and posting of a Government Employee is within the discretion of the Government. In the case in hand, the impugned transfer order was issued in the interest of public service. Further, the petitioner had completed more than 4 (four) years of service at Boleng UD Division whereas normal tenure of posting is 2 (two) years. Moreover, this writ petition was filed by the petitioner on 21.11.2024 and interim order was passed on 22.11.2024, whereas, the respondent No. 3 was already relived from the Office of the Chief Engineer (UD&H) Itanagar on 01.11.2024 and she joined at Boleng Division on 11.11.2024. 19. On perusal of the materials placed before the Court by the parties and considering the entire aspect of the matter, the Court found that the Page No.# 8/8 impugned order of transfer of the petitioner issued by the Commissioner (Urban Affairs), Government of Arunachal Pradesh, Itanagar, respondent No. 1, by Order No. SUDH-11/16/2024-SUDH-UDH/618, dated 27.10.2024, issued on 29.10.2024 (Annexure-1 to this petition) transferring him from Boleng UD Division and posting him as Surveyor of Works-I in the Office of the Chief Engineer (UD&H) at Itanagar, cannot be interfered with, in exercise of the power under Article 226 of the Constitution of India. 20. For the reasons above, this writ petition stands dismissed. 21. The interim order passed earlier in this proceeding on 22.11.2024 stands vacated/recalled. 22. As been settled by the Hon’ble Supreme Court, after his joining as Surveyor of Works-I in the Office of the Chief Engineer (UD&H) at Itanagar in terms of the impugned order of his transfer dated 27.10.2024, issued on 29.10.2024, the petitioner may file a representation before the Commissioner (Urban Affairs), Government of Arunachal Pradesh, Itanagar. In the event of filing such representation by the petitioner, the Commissioner (Urban Affairs), Government of Arunachal Pradesh, Itanagar, shall consider the same, in accordance with law. JUDGE Comparing Assistant