The main legal point established in the judgment is that the government has the competence and jurisdiction to evolve a policy decision in the matter of transfer and posting of employees, and the court will not interfere unless there is arbitrariness, unreasonableness, or statutory violation.

Biplab Kumar Sharma, J.

1. Both the writ petitions are based on same set of facts and the relief prayed for are also the same. As agreed to the learned Counsel for the parties, they were heard together and are being disposed of by this common judgement and order.

2. The Petitioners in both the writ petitions are the employees under the Respondents in the Ministerial cadre. Presently they are in the establishment of the Deputy Commissioner, Lower Dibang Valley District, Arunachal Pradesh. The District of Lower Dibang Valley came into being upon bifurcation of the original Dibang Valley District into two districts, i.e. Dibang Valley District and Lower Dibang Valley District. The place called Anini was the District Headquarter of the original undivided Dibang Valley District. With the creation of Lower Dibang Valley, the place called Roing became its District Headquarter.

3. According to the Petitioners who along with others constituted the Ministerial cadre comprising of Grade-C and D posts stood automatically transferred and deployed in the establishment of the newly created district, i.e. Lower Dibang Valley District. Be it stated here that the bifurcation and creation of Dibang Valley District was pursuant to a notification dated 14.11.01 issued by the Govt. of Arunachal Pradesh.

4. In Support of their claim for automatic transfer and deployment in the establishment of the newly created district on the basis of the principle of "as is where is", the Petitioners have pressed into service the orders dated 03.03.81, 20.05.83 and 10.09.02 (Annexures-A, B and C). These orders were issued by the Govt. of Arunachal Pradesh in the General Administration Department in exercise of its power under Article 309 of the Constitution of India in respect of bifurcation of the Ministerial cadre into two separate cadres upon bifurcation of one district to two districts. As per the said orders the incumbents of the new districts stood automatically transferred and deployed to the new district. Be it stated here that Annexure-A order dated 03.03.81 was in respect of creation of two separate districts, i.e. Lohit and Dibang Valley District from the original Lohit District. In the present case we were concerned with the Ministerial cadres of the two districts, i.e. Dibang Valley District and Lower Dibang Valley District. As noticed above, the Lower Dibang Valley District was created by curving out a portion of the original Dibang Valley District.

5. The Petitioners have also pressed into service the Annexure-D Office Memorandum dated 22.09.81. According to the Petitioners, as per the said Office Memorandum a single Ministerial cadre for each District is contemplated and for each District the Deputy Commissioner is the appointing and cadre controlling authority. It is the stand of the Petitioners that as per the guidelines laid down in the said office Memorandum, the transfer and posting in respect of the employees of the Ministerial cadre can only be within the district under the supervision of the Deputy Commissioner of the District, he being the appointing and cadre controlling authority.

6. Placing reliance on the Annexure-E and F orders dated 08.07.03 and 16.10.03, it is the stand of the Petitioners that the factum of their automatic transfer and deployment in the establishment of the newly created district of Lower Dibang Valley is amply demonstrated. Certain Ministerial cadre employees were confirmed in service on completion of the period of probation by Annexure-E order dated 08.07.03. The order was issued by the Deputy Commissioner, Dibang Valley District Thus, it is the case of the Petitioner that such order of confirmation in service of the incumbents named in the order amply demonstrate the execution of the principle of "as is where is basis" upon bifurcation of the original Dibang Valley District into two districts. By Annexure-F order dated 16.09.03 issued by the Govt. of Arunachal Pradesh in the District Administration Department t