Pakgi Koyu Lombi vs State Of Arunachal Pradesh And 4 Ors

Ajai Lamba, CJ

Heard Mr. M.H. Choudhury, learned counsel appearing for the appellant. Also heard Mr. Arun Chandran, learned Additional Senior Government

Advocate, Arunachal Pradesh appearing for Respondent Nos.1 to 4.

The Court proceedings have been conducted by means of creating a Virtual Court with the help of technology, so as to maintain distance between

the staff, Advocates and the Presiding Judge.

This writ appeal has been carried against order dated 11th December, 2019 rendered in W.P.(C) No.485(AP) of 2019, titled â€" Tage Kakki Vs.

State of Arunachal Pradesh, Secretary (Education), Government of Arunachal Pradesh and four others. Respondent No.5 in the writ petition is Smt.

Pakgi Koyu Lombi, the appellant herein.

It appears that the writ petition was filed in context of transfer of the respondent-writ petitioner Shri Tage Kakki. Since the same order affected

appellant/ Respondent No.5, the writ appeal has been filed.

For considering the facts and circumstances in context, it would be appropriate to refer to the relevant part of the impugned order, which is

extracted herein below :

“The petitioner was serving as the Principal, Government Higher Secondary School (GHSS), Boleng who was transferred as Deputy Directors

School Education (DDSE), Likaballi, Lower Siang district vide order No.29/2019 dated 25.11.2019 issued by the Education Department. The

respondent No.5 was also transferred by the same transfer order dated 25.11.2019 as the Principal, GHSS, Balijan district Papumpare from the post

of DDSE, Likabali, District, Lower Siang. The respondent No.5 made a representation before the competent authority at least to allow her in the post

of DDSE, Likabali, District, Lower Siang till end of March, 2020 on the ground that her children are going to appear in the annual examination and the

session will be completed within March, 2020. On the basis of the said representation, the respondent No.5 was allowed to continue in the post of

DDSE, Likabali, District, Lower Siang until further order. The petitioner, on the other hand, had already joined in the post of DDSE, Likabali, District,

Lower Siang though the charge is yet to be handed over by the private respondent No.5. In purview of the said stay order of the private respondent

No.5, the petitioner being aggrieved has filed this writ petition seeking for setting aside the stay order dated 03.12.2019.

On 09.12.2019, while the matter was listed for motion, the learned counsel representing the private respondent No.5 placed before this court that the

intent for applying the stay of the transfer order till March, 2020 was because of her children’s annual examination. Upon such submission on a

specific query to Mr. Panging regarding the cause of inconvenience of the private respondent No.5, he fairly submits that in the event if the present

petitioner is posted in any other places other than the one from where he was transferred till March, 2020, he has no objection subject to confirmation

by his client. Upon such proposal, Mr. Jamoh was asked to take necessary instruction.

Today Mr. Jamoh submits that the Government is ready to accommodate the present petitioner in a post other than the one from where he was

transferred in order to accommodate the private respondent No.5 till the end of the March 2020 at her earlier place of posting. Upon such submission,

in my considered opinion this writ petition can be closed which I accordingly do and direct the respondents to make the arrangement thereby allowing

the private respondent No.5 continue her service in the post of DDSE, Likabali, District, Lower Siang till the end of the March, 2020 where after the

petitioner will be allowed to join in the said post and during the intervening period the State respondents are directed to accommodate the petitioner in a

commensurate post other than the one from where he was transferred.

Accordingly, this writ petition is disposed of at the motion stage.â€​

On going through the contents of the impugned order, it become evident, firstly that the issue is only in regard to transfer; and secondly, on the

asking of the appellant/Writ Respondent No.5, the Writ Respondent No.5 was allowed to continue at the same place of posting till March, 2020.

Although vide order dated 18th March, 2020, we had made it clear that there is no urgency in the matter, it being a matter of transfer and also

because of the nature of impugned order, however, an application has been filed for immediate listing of the case. Along with the application, order

dated 16th April, 2020 passed by the Deputy Commissioner, Lower Siang District, Likabali, has been filed, which reads in the following terms :-

“Consequent upon taking over of the charge of DDSE establishment ex-parte on 09/04/2020 by Sri Tage Kakki, now Smti. P.K. Lombi is hereby

directed to formally handover the charges to Sri Tage Kakki by 21st April’ 2020.â€​

We have specifically questioned learned counsel for the appellant as to whether the appellant/Writ Respondent No.5 was serving on a transferable

post ?

Learned counsel has responded in the affirmative.

We have also questioned learned counsel for the appellant as to whether there is any allegation of personal malafide ?

Learned counsel has responded in the negative.

It cannot be disputed that transfer is an incidence of service. It is further evident on perusal of the impugned order that the respondent authorities

have already shown accommodation towards the appellant/Writ Respondent No.5 and have allowed her to continue till March, 2020 in the same place.

Having taken that benefit, on her asking, this practice of challenging the same order by virtue of a writ appeal is hereby deprecated.

We find no reason to interfere with the order passed by the learned Writ Court, relevant portion whereof has been extracted above.

Dismissed.