JUDGMENT :

A.D. Choudhury, J.

1. Heard Mr. D. Mazumder, learned Senior Counsel assisted by Mr. C. Gogoi, learned counsel for the appellant. Also heard Mr. N.N.B. Choudhury, learned Additional Advocate General, Government of Arunachal Pradesh representing the respondent Nos. 1 to 4, Mr. D. Das, learned Senior Counsel assisted by Mr. R.B. Phookan, learned counsel for the respondent No. 5 and Mr. D. Kamduk, learned counsel for the respondent No. 6.

2. The present intra court appeal is directed against the judgment and order dated 28.09.2022 passed in WP(C) No. 292(AP)/2022 by the learned Single Judge, which was preferred by the appellant/ writ petitioner assailing the order of transfer dated 21.07.2022, issued on 29.07.2022 as well as the speaking order dated 24.08.2022, passed by the Commissioner (Education), Govt. of Arunachal Pradesh.

3. The case of the appellant writ petitioner:-

I. The appellant/writ petitioner filed a representation dated 13.01.2021 before his employer that he has been outside his home district for about 17 years and to enable him to take care of his ailing mother who was 90 years old then, requested his posting at Aalo, West Siang district. Considering the same, the department by an order dated 04.05.2021 transferred the appellant from Itanagar, Directorate office to Aalo, West Siang District as DDSE. The appellant joined there on 10.05.2021 and he has been working there since then.

II. By the impugned transfer order dated 29.07.2021, the appellant was again transferred from Aalo to Itanagar and respondent No. 5 was transferred from Yomcha, West Siang District to Aalo, West Siang District as DDSE.

III. Being aggrieved, the appellant approached this Court by filing a writ petition being WP(C) No. 264 (AP)/ 2022 assailing the said transfer order, which was disposed of by this Court under its order dated 04.08.2022 directing the department to consider of the representation filed by the appellant on 01.08.2022, within 10 days and to maintain status quo till disposal thereof. The appellant then produced the copy of the order to Commissioner (Education) along with another representation raising the issue of his ailing mother, the fact that he has not completed his tenure of 2 years at Aalo as per the transfer guidelines, and also raised the plea that the transfer order was never mooted on file by the Departmental authorities but the same is actuated by the malafide exercise of power at the instance of political functionaries.

IV. However, the Commissioner, Department of School Education vide a speaking order dated 24.08.2022 rejected appellant’s representation holding that the transfer order was issued in public interest and such transfer does not adversely affect the service condition etc. of the appellant and that the respondent No. 5 has already joined at Aalo.

V. Being aggrieved, the appellant filed an another writ petition being WP(C) 292(AP)/2022 assailing the transfer order on the ground that there is no public interest involved in his transfer, secondly, the departmental authority mooted and proposed transfer of as many as 11 (eleven) officers including respondent No. 5, Yage Kakki from Lika Bali and Smt. Oye Borang. Though name of the appellant did not figure in the said proposal, yet respondent No. 6 i.e. Minister (Education) approved the transfer of appellant from Aalo to Itanagar and the transfer of respondent No. 5 from Yomcha, West Siang district to Aalo, West Siang district as DDSE in place of the appellant.

4. The stand of the respondent Department:-

The State Education Department, while referring to the U.O. Note, took a stand that the U.O. Note itself reflects that there was public interest in issuing the impugned order for modifying the earlier order dated 21.07.2022. The State in support of its decision relied on the Judgment of the Hon’ble Apex Court in Mohd Massod Ahmed vs. State of U.P. reported 2007 (8) SCC 150.

5. The stand of the respondent No. 5:-

The respondent No.5 filed affidavit before the lear