ORDER

Date : 17-08-2021 Heard Mr. T. T. Tara, learned counsel for the petitioner and Ms. G.

Ete, learned Addl. Senior Govt. Advocate for the State respondents No. 1 & 2.

2. This writ petition is directed against the order dated 21.07.2021, issued by the Chief Secretary, Govt. of Arunachal Pradesh vide No.PERS- 27/2020/56, whereby the petitioner, who is working as Under Secretary(Public Works Department) in the Arunachal Pradesh Civil Secretariat has been transferred as Under Secretary, Personnel(AIS) within the same Arunachal Pradesh Civil Secretariat.

3. The only contention raised by the petitioner in challenging the impugned transfer order is that the petitioner having been posted as Under Secretary (PWD) in the month of November, 2020, the impugned transfer order has been issued before completion of the normal tenure of posting of 2(two) years, as provided in the transfer and posting guidelines dated 02.06.1998 and the order dated 19.12.2008, issued by the Chief Secretary, Govt. of Arunachal Pradesh prescribing 2(two) years as the normal tenure of posting in all the Government posts.

4. The transfer and posting guidelines prescribing, amongst others, a normal tenure of posting for the Government officials by the Government is not an statutory guidelines conferring any right to the employees to remain at a particular place of posting for a period of 2(two) years as prescribed, as a matter of right. Though, ordinarily, the tenure of transfer and posting prescribed in the transfer and posting guidelines framed by the Government should be adhered to, but the same can be deviated from in an appropriate case, if the exigency of the administration demands issuance of such order of transfer and posting even before the normal tenure prescribed in the guidelines. The scope of interference by this Court in exercise of the power under Article 226 of the Constitution of India with regard to the transfer and posting of an employee is very restricted. Such an interference is permissible, if the order of transfer is issued by an authority not competent to issue such a transfer order, and the same is issued in arbitrary and mala fide exercise of power or/ in violation of any statutory rules.

5. In the instant case, the petitioner, apart from alleging violation of the transfer and posting guidelines, have not setup a case alleging any mala fide exercise of power of the respondent authorities or/ in violation of any statutory provisions by the respondents in issuing the impugned transfer order; or that the impugned transfer order have been issued by an authority not competent to issue the order of transfer and posting. In the absence of any of the ground(s) set forth hereinabove, by the writ petitioner in this writ petition, I am not inclined to interfere with the impugned order of transfer and posting dated 21.07.2021, whereby the petitioner has been transferred from Public Works Department to the Personnel(AIS) Department within the same Arunachal Pradesh Civil Secretariat.

6. Resultantly, the writ petition stands dismissed being devoid of merit.

7. Notwithstanding the disposal of the writ petition, it appears that the petitioner has submitted a representation dated 27.07.2021 to the Secretary (Personnel), Govt. of Arunachal Pradesh to re-consider the transfer and posting the order dated 21.07.2021 in respect of the petitioner. The respondent authorities, namely, the Secretary (Personnel), Govt. of Arunachal Pradesh would be at liberty to consider the representation submitted by the petitioner in accordance with law.

JUDGE

Comparing Assistant