Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC040002892026
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/78/2026 Thomas Tamut Son of Shri Tajir Tamut, serving as officiating Assistant Project Officer (Technical) at the office of the Deputy Director, Rural Development, Boleng, Siang District, Arunachal Pradesh.
VERSUS The State of AP and 3 Ors represented by the Secretary, Department of Rural Development, Govt of Arunachal Pradesh, Arunachal Pradesh Civil Secretariat, Itanagar 791111 2:The Director of Rural Development Age: 0 Occupation : Govt of Arunachal Pradesh Itanagar 791111 3:The Deputy Commissioner Age: 0 Occupation : Boleng Siang District Govt of Arunachal Pradesh. 4:The Deputy Director of Rural Development Age: 0 Occupation : Govt of Arunachal Pradesh Boleng Siang District Arunachal Pradesh
Page No.# 2/4 Advocate for the Petitioner : Tagum Jamoh, Jobang Modi,Keten Tabang Advocate for the Respondent : GA (AP), SC (RD),Binter Picha
BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA
ORDER Date : 05-03-2026 Heard Mr. T. Jamoh, learned counsel for the petitioner. Also heard Mr. B. Picha, learned standing counsel, Rural Development Department, for respondent Nos. 1, 2 & 4 and Ms. P. Pangu, learned State counsel for the respondent No. 3.
2. The instant petition under Article 226 of the Constitution of India has been filed by the petitioner assailing the order dated 23.02.2026 issued by the Secretary, Department of Rural Development, Government of Arunachal Pradesh, whereby the petitioner has been transferred as Extension Officer (hereinafter referred to as ‘EO’) (Rural Engineering) at Hunli-Kronli CD Block from the post of In-Charge Assistant Project Officer (hereinafter referred to as ‘APO’) (Tech) at the DD (RD)’s Office at Siang District.
3. The case of the petitioner is that after 17 years of service in the grade of EO (RE), the respondent authorities appointed the petitioner as In-Charge APO (RE) vide No. SNG/DRDA/Esst-01/2020-21, dated 27.09.2021 and accordingly the petitioner continued serving as In-Charge APO (RE) till August 2025. Vide
order No. DRD-11015/9/2021-DRD-RD, dated 01.09.2025, the petitioner was allowed to officiate in the vacant post of APO. Pursuant thereto, the petitioner joined as APO (Tech) on 04.09.2025 and has been discharging his duties as APO (Tech). The case of the petitioner is that all of a sudden, the respondent authorities have arbitrarily issued the impugned order dated 23.02.2026,
Page No.# 3/4 downgrading and transferring the petitioner back to the lower grade of EO (RE) without affording an opportunity of being heard, in violation of Article 311 of the Constitution of India.
4. Mr. Jamoh, learned counsel for the petitioner, submits that the petitioner was given the officiating charge of the post of APO (Tech), wherein he has been discharging his duties as APO. However, vide the impugned order, dated 23.02.2026, the petitioner has been demoted to his original post of EO (RE), wherein he has served for more than 22 years. He submits that since the petitioner was allowed to work in an officiating capacity in the post of APO (Tech), which is lying vacant due to the superannuation of one U.N. Singpho, the petitioner ought to have been considered against the said vacant post.
Learned counsel submits that rather than considering him for the substantive vacant post, the petitioner was immediately transferred and demoted to the post of EO (RE).
5. Learned counsel for the petitioner further submits that the petitioner has submitted a representation dated 27.02.2026 before the Secretary, Department of Rural Development, Government of Arunachal Pradesh, stating his grievances with a prayer to consider his case, however, the respondent authorities are yet to respond to the same. In view of the above, learned counsel submits and prays that this Court may pass a direction to the Secretary, Department of Rural Development, Government of Arunachal Pradesh, i.e., respondent No. 1, to consider the representation submitted by the petitioner and dispose of the same.
6. This Court, after hearing the submissions advanced by the learned counsel appearing for the respective parties, is of the opinion that, at this stage, since the petitioner has submitted a representation explaining his grievances before
Page No.# 4/4 respondent No. 1, the same can be considered by respondent No. 1. Accordingly, it is directed that respondent No. 1 i.e. the Secretary, Department of Rural Development, Government of Arunachal Pradesh, shall consider the representation submitted by the petitioner dated 27.02.2026 within a period of 45 (forty-five) days from the passing of this order. However, a certified copy of this order shall be submitted before respondent No. 1 by the petitioner at the earliest.
7. With the above direction, the instant writ petition stands disposed of. JUDGE Comparing Assistant