P.K. Musahary, J.

1. Heard Mr. J. Hussain, learned Counsel for the Petitioner. Also heard Ms. G. Ete, learned Government Advocate, for the State-Respondent as well as Mr. P. Taffo, learned Counsel appearing for Respondent No. 2.

2. The writ-Petitioner has been working as Assistant Engineer, at Kamlang Nagar PWD Sub-Division, and transferred to Khonsa PWD Division, by order dated 15.09.2008, vice one Sri J.K. Deori, ASW. The said transfer order was subsequently modified vide order dated 16.10.2008 (Annexure-A1 to the writ-petition) whereby the said Petitioner was posted to Changlang PWD Division, vice one Sri Pohom Tangha, Assistant Engineer, transferred to Khonsa PWD Division. The Petitioner, by virtue of earlier transfer order dated 16.10.2008, joined at Changlang PWD Division on 22.10.2008, and took-over the charge from Respondent No. 2. Thereafter, another order dated 07.11.2008, was issued by the Commissioner, Government of Arunachal Pradesh, Itanagar, retaining the Respondent No. 2 at Changlang PWD Division and posting the Petitioner as A.S.W. in Khonsa PWD Division.

3. The Petitioner being aggrieved by the aforesaid order dated 07.11.2008, approached this Court, for cancellation and/or setting aside the same. This Court, vide order dated 17.11.2008, suspended the said impugned order dated 07.11.2008, with a direction to the Respondent authorities to allow the writ-Petitioner to function as Assistant Engineer at Changlang Sub-Division until further orders. The Respondent No. 2, filed Misc. Case No. 103(AP) 2008, praying for vacation/modification of interim orders dated 17.11.2008 and 24.11.2008, and after hearing the parties, this Court, vide order dated 02.12.2008, re-called the interim orders dated 17.11.2008 and 24.11.2008, passed by this Court, in the present writ petition being WP (C) 442 (AP) 2008. In the said order dated 02.12.2008, this Court provided that the applicant/Respondent No. 2, would be permitted to remain at Changlang Sub-Division undisturbed till April, 2009, so that the education of his children are not disturbed in the mid-academic session. It was also provided that the State Government may pass appropriate posting orders to accommodate the Petitioner, in view of the order granted to enable continuance of the applicant/Respondent No. 2, Sri Titlang Tangha, at Changlang till April 2009.

4. Aggrieved by the aforesaid order dated 02.12.2008 passed by this Court, the instant writ Petitioner filed Writ Appeal being W.A. 416 of 2008 before this Court at Guwahati. The said Appeal was admitted by this Court, on 22.12.2008, providing interim suspension of the aforesaid order dated 02.12.2008. The said Appeal was then disposed of by the Division Bench, vide order dated 19.01.2009, with a direction to the Registry at Itanagar to list the present writ petition for hearing on 03.02.2009, before the appropriate Bench providing that the status-quo obtained as on 19.01.2009, shall continue until the hearing of the writ-petition.

5. Mr. J. Hussain, learned Counsel for the Petitioner, submits that the writ Petitioner is still serving at Changlang Sub-Division by virtue of the aforesaid order passed by the Division Bench of this Court. He further submits that in compliance to the earlier transfer order dated 16.10.2008, the writ-Petitioner has joined at Changlang on 22.10.2008 and the Respondent authorities have issued the modified transfer order dated 07.11.2008 after his joining at Changlang, which is not at all permissible under the law.

6. The learned Counsel for the Petitioner has further cited the case of Roukuolhoulie Angami vs. State of Nagaland and other as reported in (1997) 1 GLT 140 in which, it has been held that the transfer order passed for cancellation, modification or keeping in abeyance of transfer passed in the public interest must be supported with sufficient reasons necessitating for passing such order. According to Mr. Hussain, the impugned modified transfer order dated 07.11.2008 was passed at