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2026 DAILYLAW 15147 (GAU)

Mrs Oni Tari v. The State of AP and 3 Ors

WP(C)/479/2026 · 2026-09-27

Nelson Sailo

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC040016302026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/479/2026 Mrs Oni Tari Wife of Shri Ding Perme, Silluk Village, PO and PS Mebo, East Siang District, Arunachal Pradesh. VERSUS The State of AP and 3 Ors represented by the Commissioner (Education), Govt of Arunachal Pradesh, Itanagar 7911112:The Secretary/ Commissioner (Education) Age: 0 Occupation : Govt of Arunachal Pradesh Itanagar. 791111 3:The Director Secondary Education Age: 0 Occupation : Govt of Arunachal Pradesh Itanagar. 791111 4:The Deputy Director of School Education Age: 0 Occupation : East Siang District Pasighat Govt of Arunachal Pradesh Advocate for the Petitioner : Tabit Tapak, T Tabing,Bebeng Siboh,Aso Dalbong Advocate for the Respondent : Taba Tagum, SC (Education) Page No.# 2/4 BEFORE HON’BLE MR. JUSTICE NELSON SAILO O R D E R 28.09.2026 Heard Mr. T. Tapak, learned counsel for the petitioner and Mr. T. Tagum, learned Standing Counsel, Education Department, Government of Arunachal Pradesh. Having regard to the nature of grievance projected by the petitioner, the writ petition is taken up for disposal at this stage. 2. The case of the petitioner is that she is a TGT of PM SHRI Government Secondary School, and is posted at Mirbuk in the East Siang District. That on the ground of rationalization of teachers, she has been transferred and posted to Government Higher Secondary School, Bordumsa, in the district of Changlang, vide order dated 30.06.2026 (Annexure-I) and her name appears at Serial No.57. According to the petitioner, she has not completed three years of her tenure in her present place of posting and the transfer which will also affect the medical treatment of herself as well as her old aged ailing mother, whom she has to look after. The petitioner, therefore, submitted a representation before the Director of Secondary Education, Government of Arunachal Pradesh on 01.07.2026, but the same has not been considered by the said authority till date. Learned counsel for the petitioner submits that in the meantime, the Deputy Director of School Education has come up with an order dated 15.09.2026 ordering the release of all the Teachers who have not been released within a period of seven days from the date of the order. However, since the representation of the petitioner has not been considered till date, the petitioner being aggrieved is before this Court. Page No.# 3/4 3. Learned counsel for the petitioner has drawn the attention of this Court to the Transfer and Posting Policy of Teachers notified by the State Government in the Department of Secondary Education on 19.06.2025 and submits that as per the said guidelines, the transfer calendar insofar as rationalization of post is concerned has the time schedule of 1st December to 31st December. However, in the instant case, the impugned transfer order has been issued on 30.06.2026 during the mid-academic session. He submits that considering the same and the difficulties faced by the petitioner, the order of transfer insofar as the petitioner is concerned, may be interfered with by this Court. 4. Considering the above submission and upon perusal of the materials available on record, this Court is of the considered view that since the representation has not been considered and disposed of by the respondent authorities and having regard to the provision of grievance redressal given in Clause-14 of the Transfer Policy-2025, the Court is of the considered view that the petitioner should file a fresh representation before the Secretary to the Government of Arunachal Pradesh, Education Department within a period of 07(seven) days from today and the said authority upon receipt of the same, shall consider the representation and dispose of the same by passing a reasoned and speaking order as expeditiously as possible and at any rate within a period of one month from the date of receipt of the representation. 5. With the above observations and direction, the writ petition stands disposed of. 6. It is provided herein that till such time an order is passed by the Page No.# 4/4 Secretary to the Government of Arunachal Pradesh, Education Department, the order dated 30.06.2026 (Annexure-I) insofar as the petitioner is concerned, shall not be given effect to. JUDGE Comparing Assistant