Transfers of government employees must demonstrate clear prejudice or illegality for judicial intervention; absence of a sanctioned post does not invalidate lawful transfer procedures.

JUDGMENT AND ORDER :

K.R. Surana, J.

Heard Mr. A.K. Purkayastha, learned counsel for the appellant. Also heard Mr. S. Tapin, learned Senior Govt. Advocate for the State of Arunachal Pradesh.

2. Aggrieved by the judgment and order dated 12.06.2025, passed by the learned Single Judge in WP(C) 624/2024, by which the writ petition was dismissed, the present intra court appeal has been filed.

3. In brief, the case of the appellant is that he was appointed as Finance and Accounts Officer/ Treasury Officer (Group-A Gazetted) vide order dated 31.03.2009. He was initially posted as Treasury Officer, Bomdila, West Kameng District. Thereafter, in the month of August, 2018, the appellant was transferred to Treasury Office, Tawang. Thereafter, by the impugned order No. DA/11/384/2024 dated 24.07.2024, along with 11 other officers, the appellant was transferred from Treasury Office, Tawang to Treasury Office, Longding, inter alia, directing that he would hold the additional charge of Sub-Treasury Office, Kanubari. On 30.10.2024, the appellant had submitted a representation before the Commissioner (Finance), Govt. of Arunachal Pradesh against his transfer on four grounds, viz., (i) there was no sanctioned post of Treasury Officer at Longding District and STO, Kanubari; (ii) he was then posted as Treasury Officer, Tawang and his wife was working as District Research Officer, Tawang; (iii) his younger son was studying in Tawang in Class-IV and after his transfer, his studies may hamper; and (iv) his ailing grand-parents were with him, who needed 24 hours care in their old age. Accordingly, the appellant had requested the authorities to cancel his transfer and posting or to transfer and post him to the nearby district. Thereafter, by an office order No. TE-1459/2018 dated 06.11.2024 issued by the Deputy Commissioner, Tawang District, the appellant was released on transfer w.e.f. 11.11.2024 (A/N) to enable him to join new place of posting. The appellant appeared before the Deputy Commissioner, Longding District on 18.11.2024 and submitted his joining report.

4. The respondent no.2 had filed an affidavit-in-opposition and opposed the challenge to the transfer of the appellant. It was stated that by virtue of the Government order no. DA/VI/15/2009 dated 06.03.2020, the Longding Sub- Treasury Office was upgraded to District Treasury Office. However, it has also been stated that though the Sub-Treasury Office has been upgraded to Treasury Office, but the sanctioned post of Sub-Treasury Officer (STO for short) was not discontinued and the last STO, who was posted at Longding, was transferred to Treasury Office at Palin, Kra-Dari District as In-charge Treasury Officer.

5. The learned Single Judge, upon considering of the materials available on record, arrived at a conclusion that although no sanctioned post of Treasury Officer existed at the time of the transfer of the appellant, the Sub-Treasury Office having been upgraded to a District Treasury Office, it cannot be said that the appellant has been transferred and posted to a non-existent post. The learned Single Judge also took notice that the State respondent have initiated steps for creating of the post of the Treasury Officer and is said to be under active consideration of the State Government. Accordingly, it was held that no prejudice would be caused to the appellant on being transfer as Treasury Officer to the District Treasury Office, Longding as the said would not violate any service condition. Accordingly, it was held t