Transfer to a lower post is unlawful if no sanctioned position exists; however, transfers to upgraded offices without infringement of service conditions are permissible.

JUDGMENT :

KARDAK ETE, J.

1. Heard Mr. R. Sonar, learned counsel for the petitioner. Also heard Mr. S. Tapin, learned Senior Government Advocate for the respondent Nos. 1 to 4.

2. Challenge in this writ petition is to the order, dated 24.07.2024, passed by the Commissioner (Finance), Government of Arunachal Pradesh, whereby, as many as 12 (Twelve) Officers serving as Finance & Account Officer and Treasury Officer, have been transferred and posted, including the petitioner, who has been transferred from Treasury Office, Tawang to Treasury Office, Longding.

3. The petitioner was appointed as Finance and Account Officer/Treasury Officer (Group-A Gazetted), vide order, dated 31.03.2009, and was posted as Treasury Officer, Bomdila, West Kameng District. Thereafter, the petitioner was transferred to Treasury Office, Tawang in the month of August, 2018. By the impugned order, dated 24.07.2024, as many as 12 (Twelve) Finance & Account Officers and Treasury Officers, have been transferred and posted in various places, including the petitioner, who has been transferred from Treasury Office, Tawang to Treasury Office, Longding and he was released on 11.11.2024.

4. It is the contention of the petitioner that on joining at Treasury Office, Longding, pursuant to the order of transfer, dated 24.07.2024, he came to know that there is no sanctioned post of Treasury Officer at Longding and he has been posted to the post of Sub-Treasury Officer, which is a Group-B Gazetted post and a lower post which carries lower status and pay scale than the post of a Treasury Officer. Accordingly, the petitioner submitted a representation on 30.10.2024, praying for recalling/cancelation of his transfer, stating that his transfer and posting to a lower post of Sub-Treasury Officer is illegal and that as his son is studying at Tawang, his transfer during the academic period will hamper the study of his son, which has not been considered as on date.

5. Mr. R. Sonar, learned counsel for the petitioner submits that the post of Sub-Treasury Officer is a Group-B Gazetted post, carrying lesser pay scale and is a subordinate post in status to the post of Treasury Officer, which is a Group-A Gazetted post, carrying higher pay scale. The job profile and function of the post also differ to a large extent. He submits that since the substantive post of the petitioner is Treasury Officer, which is Group-A Gazetted post, the transfer of the petitioner to the Office of the Sub-Treasury Officer, on a lower post is illegal, which would adversely affect his service condition. Therefore, the transfer of the petitioner to a lower post is illegal and unsustainable.

6. Mr. Sonar, learned counsel for the petitioner has placed reliance on the judgment and order of this Court in the case of Jumtum Tato vs. State of Arunachal Pradesh and Ors. , 2019 (3) GLR 324 and Dr. Sunil Shrirang Bawaskar vs. Dr. Punjabrao Deshmukh Krishi Vidyapeeth passed by the Division Bench of Bombay High Court in WP (C) No. 677 of 2010 reported in 2010 (4) Mh. L.J. 384, to submit that no employee can be transferred to a non-existent post.

7. Mr. S. Tapin, learned Senior Government Advocate for the State respondents submits that the Longding Sub-Treasury Office is no longer a Sub-Treasury Office but has been upgraded to a District Treasury Office, vide order, dated 06.03.2020. However, in view of the upgradation of various Sub-Treasury Offices to District Treasury Offices, the post of Treasury Officers is lying vacant and appropriate steps have already been initiated for upgrading/creation of post of the Treasury Officers and the same is under active