JUDGMENT :

MANOJIT BHUYAN, J.

1. Heard Mr. K.N. Choudhury, learned senior counsel for the appellant/writ petitioner as well as Mr. S. Saikia, learned State Counsel for respondent nos. 1 and 2. Also heard Mr. D. Mozumder, learned senior counsel representing respondent no. 3. In view of the order that is being passed today, service of notice on respondent nos. 4 and 5 are not deemed necessary and the present appeal is taken up for final disposal at the admission stage.

2. At a time when the appellant Sri Nyakpu Yangfo was discharging duties as Executive Engineer on functional basis, he was issued with the transfer order dated 28.07.2017, transferring him from PWD Seppa Division, East Kameng District, to PWD Aalo Circle, West Siang District, in the same capacity. In his place the respondent no. 3 Sri Nich Tadar, who is an Executive Engineer in substantive capacity, was brought from Sagalee Circle. On the date when the transfer order was issued, the appellant had completed two year term of posting at PWD Seppa Division.

3. The transfer order dated 28.07.2017 was put to test by the appe