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2025 DAILYLAW 5072 (GAU)

Tassar Dava v. The State of AP and 2 Ors

WP(C)/495/2025 · 2025-10-20

Marli Vankung

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC040017192025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/495/2025 Tassar Dava Son of Tassar Mancha, Block Development Officer, Palin CD Block, Kra Daadi District, a resident of House No. 084 A Sector, near Raj Bhawan, PO and PS Itanagar, Papum Pare District, Arunachal Pradesh. VERSUS The State of AP and 2 Ors represented by the Secretary, Rural Development Department, Govt of Arunachal Pradesh, Itanagar. 2:The Director Age: 0 Occupation : Rural Development Department Govt of Arunachal Pradesh Itanagar. 3:Gumku Tako Age: 0 Occupation : Block Development Officer Chambang CD Block Kra Daadi District Arunachal Pradesh Advocate for the Petitioner : Pramod Kr. Gour, D Doilyang,S Bayor,T Kumar Advocate for the Respondent : GA (AP), BEFORE HONOURABLE MRS. JUSTICE MARLI VANKUNG Page No.# 2/4 ORDER Date : 21-10-2025 Heard Mr. Tai Kumar, learned counsel for the petitioner. Also heard Ms. Goter Ete, learned Addl. Sr. GA for the State respondents. 2. The instant writ petition is filed under Article 226 of the Constitution for issuance of the appropriate writ or direction to the State respondents assailing the transfer order of the petitioner vide order dated 05.10.2025. 3. The learned counsel for the petitioner submitted that the petitioner is presently working as Block Development Officer at Palin CD (Community Development) block, Kra Daadi District under Department of Rural Development, Arunachal Pradesh. The learned counsel submitted that during the tenure of the petitioner as a Government servant, he had been posted to many hard and remote areas of Arunachal Pradesh and he had served in the hard areas sincerely as per the transfer and posting made by the Rural Development Department, since his inception to the department. The learned counsel submitted that the petitioner joined the present place of posting in the year 2023 and has been carrying out his duty sincerely. 4. The learned counsel for the petitioner further submitted that previously a political authority had tried to have him posted out, which was strongly objected by the local nitizens and Panchayati Raj Institution (PRI), appreciating the services of the petitioner within the area where he was posted. Thereafter, on 05.10.2025 the petitioner received the impugned transfer order, for which the petitioner submitted a representation dated 07.10.2025, requesting the retention of the petitioner to his present post by stating that the petitioner was an aged man suffering from many ailments which needed regular medical assistance and check-up. The petitioner also stated that he may be allowed to Page No.# 3/4 retain his present place of posting due to the academics of his children and that the transfer in the mid-session would hamper the studies and care of his children. 5. The learned counsel submitted that the petitioner had given valid reasons for the retention of his posting in his representation dated 07.10.2025, however, the respondent authorities have failed to consider nor response to his representation till date. Hence, the instant writ petition. 6. Ms. Goter Ete, learned Addl. Sr. GA submitted that she has received certain instructions for the transfer of the petitioner along with other persons vide the transfer order dated 07.10.2025. 7. On considering nature of the submissions made by the learned counsels for both the parties, this court has perused the representation dated 07.10.2025 addressed to the Secretary (RD) Government of Arunachal Pradesh, Itanagar/respondent No. 1 for the retention of the transfer order from Palin Block. It is seen that in the said representation, the petitioner has also given the grounds as to why he should not be transferred out of Palin Block to Gensi Block vide the impugned transfer order dated 05.10.2025. 8. Thus, considering the nature of the writ petition, this court finds that the instant writ petition can be disposed of by directing the respondents to consider the representation made by the petitioner dated 07.10.2025 with a speaking order, within a period of 10 days on receiving a certified true copy of this order. This court finds that the respondents are duty bound to promptly response and dispose of such kind of representations within a reasonable time in the interest of justice and fair play. 9. Accordingly, the instant writ petition stands disposed of as above. Page No.# 4/4 JUDGE Comparing Assistant