Transfers between government officers not similarly ranked are generally impermissible, but exceptions exist if justified by competence and administrative needs.

JUDGMENT :

Kardak Ete, J.

Heard Mr. P. D. Nair, learned counsel for the appellant. Also heard Mr. R.H. Nabam, learned Additional Advocate General, for the respondent Nos. 1 & 2 and Mr. R. Riba, learned counsel for the respondent No. 3.

2. This Intra-Court Appeal is directed against the order dated 06.05.2025, passed by the learned Single Judge, in WP(C) No. 544(AP)2024, by which, the writ petition challenging the order of transfer dated 27.10.2024, issued on 29.10.2024, by the Commissioner (Urban Affairs) transferring the appellant from Boleng, UD Division as Executive Engineer to the Office of the Chief Engineer, Urban Development & Housing (UD&H) Department at Itanagar as Surveyor of Works-I and in his place, the respondent No. 3, has been transferred, the learned Single Judge has declined to interfere with and dismissed the writ petition.

3. The case in brief is that the appellant is an Executive Engineer in Urban Development and Housing Department, Government of Arunachal Pradesh, who is serving at Boleng UD Division of the Department. The appellant was posted at Boleng, vide order, dated 12.10.2020, since then, he is serving at Boleng UD Division. Vide an order, dated 27.10.2024, issued on 29.10.2024, the Commissioner (Urban Affairs), Government of Arunachal Pradesh, transferred the appellant from Boleng UD Division and posted him as Surveyor of Works-I in the Office of the Chief Engineer (UD&H) at Itanagar and the respondent No. 3, namely, Er. Tadar Relum, who is working as an In-charge Surveyor of Works-I in the Office of the Chief Engineer (UD&H), Itanagar, has been posted as an Executive Engineer at Boleng UD Division.

4. Being aggrieved with the transfer from Boleng UD Division to the Office of the Chief Engineer (UD&H), Itanagar, and posting of the respondent No. 3 in his place, the appellant has approached this Court by way of writ petition being WP(C) No. 544(AP)/2024. The learned Single Judge vide impugned order, dated 06.05.2025, disposed of the writ petition by holding that impugned order of transfer, dated 27.10.2024, transferring the petitioner from Boleng UD Division to the Office of the Chief Engineer (UD&H), Itanagar, as Surveyor of Works-I is in the interest of public service. The appellant did not allege that the impugned order of transfer has been issued mala fide or to favour the respondent No. 3, but the only ground taken by the appellant is that the respondent No. 3, who is sought to replace him at Boleng UD Division is not an Executive Engineer but an Assistant Engineer. It has held that though the appellant alleged that transfer and posting of the respondent No. 3 to replace him at Boleng UD Division is illegal and arbitrary and only to accommodate the private respondent No. 3, but in that regard the appellant did not place any specific material before the Court. It has further held that the appellant did not state before the Court since when he is serving at Boleng UD Division rather remained silent with regard to the order of his transfer on his own request, dated 12.10.2020, transferring him at Boleng UD Division. Accordingly, declined to interfere with the order of transfer dated 27.10.2024 and dismissed the writ petition.

5. Assailing the order dated 06.05.2025, Mr. P. D. Nair, learned counsel for the appellant strenuously submits that the learned Single Judge has failed to consider the ground which the appellant has taken, particularly that the appellant cannot be replaced by a junior Officer. In other words, the appellant being a regular Executive Engineer and the respondent No. 3, whose substantive post is Assistant Eng