Songkhupchung Serto, J.

1. Heard Mr. Kali Bogo, learned counsel for the petitioner and also heard Mr. R.H. Nabam, learned Add. Advocate General assisted by Ms. T. Sering Wangmu, learned Government Advocate appearing on behalf of the State respondent No. 1 to 3. Heard also Mr. Ajin Apang, learned senior advocate assisted by Ms. Nani Anju, learned counsels appearing on behalf of the State respondents No. 4. Mr. T.K. Tiwari, learned senior advocate assisted by Mr. Nillam Tazi, learned counsels appearing on behalf of the private respondents No. 5 is also heard. The brief facts and circumstances which led to the filing of this writ petition are as follows:-

That the petitioner was appointed vide Order dated 25.5.2011, issued by the Commissioner (IT, Science & Technology, as Director cum Member Secretary of Arunachal Pradesh) as Director cum Member Secretary of Arunachal Pradesh, State Council for Science & Technology, a (Registered Society under Registration Act, 1860, funded by the Government of India as well as the State Government. Thereafter, the Chief Secretary, Government of Arunachal Pradesh issued an Order No. SC (PF)-192/2007-2008/130-142 dated 01.09.2011, by which the petitioner was permanently absorbed in the APSCST. In the year 2011 vide notification dated DIT/S & T/155/2011 dated 30.5.2011, issued by the Chief Secretary, Govt. of Arunachal Pradesh, the APSCST was bifurcated into Arunachal Pradesh State Council for Science & Technology and State Council for Information Technology and e-governance, under the Govt. of Arunachal Pradesh. Following the same, the employees/staffs of the APSCST were given option to choose between the 2 (two) newly created councils. As per the option offered the petitioner opted for the APSCST and joined as Joint Director and the private respondent No. 4 opted for Scientist/B Post under the State Council for Information Technology and e-governance.

After serving as Joint Director for 3 (three) years, the petitioner was appointed to the post of Director cum Member Secretary APSCST and continued as such till the impugned Order i.e. PERS/AIS-03/99 (Pt-i)/1815, date 4.6.2016 was issued by the Chief Secretary by which the petitioner was appointed on deputation to the post of Chief Engineer cum Chairman, inter Disciplinary Disaster Management Committee, Arunachal Pradesh for a period of 1 (one) year. Being aggrieved by this order, the petitioner has approached this Court under Section 226 of the Constitution of India, praying for quashing and setting aside the same and also to quash and set aside the Order No. SECY (S & T)/16/17-18/426 dated 19.06.2017, issued by the Secretary, Department of Science & Technology, Govt. of Arunachal Pradesh by which the respondent No. 4 was brought in to his place as Director cum Member Secretary, APSCST.

2. The case of the petitioner as submitted by his learned counsel Mr. Kali Bogo is as follows:-

(i) That the post of Chief Engineer cum Chairman, inter Disciplinary Disaster Management Committee, Arunachal Pradesh is a non-existent post. Therefore, the petitioner who is appointed to a sanctioned post cannot be send on deputation to such imaginary post.

(ii) That Arunachal Pradesh State Council for Science & Technology, is a Society Registered under Society Registered Act, 1860, as such, it is an Autonomous Body. Therefore, an employees of such an Autonomous Body who has ceased to be a Government Servant cannot be transfer or send on deputation to any ex-cadre post.

The learned counsel, in support of his sub-miss; on cited the decision of the High Court of Jharkhand, in the case of Dr. Sudip Roy Vs. the State of Jharkhand & Ors., passed in W.P.(C) No. 1672/2016, particularly para 12 of the judgment. The contains of the para 12 are reproduced here below:-

"12. Having heard learned counsels for both the sides and upon going through the record, we find that only question to be decided in this writ application is as to whether the State Government had the authority to