ORDER

Date : 08-02-2022 Heard Mr. R. Saikia, learned counsel for the petitioner in WP(C)249(AP)2020; Mr. D. Soki, learned Additional Senior Government Advocate for the State respondent Nos. 1, 2 & 3; and Mr. K. Lollen, learned counsel for respondent No. 4.

2. Also heard Mr. N. Ratan, learned counsel for the petitioner in WP(C)93(AP)2021; Mr. D. Soki, learned Additional Senior Government Advocate for the State respondent Nos. 1 to 4; Mr. R. Saikia, learned counsel for respondent No. 5; and Mr. K. Lollen, learned counsel for respondent No. 6.

3. WP(C)249(AP)2020 has been filed by the petitioner, Shri Genya Sora, challenging the order of transfer dated 10.09.2020, issued by the Commissioner (HPD), Government of Arunachal Pradesh, Itanagar, vide order No. PWRS/E- 26/94-95/Vol-III/2086, whereby, the petitioner, who is an Assistant Surveyor of Works (C) [in short ‘ASW(C)’], has been transferred from Mechuka Hydro Power Sub-Division to Geku Hydro Power Sub-Division and in his place, the respondent No. 4, Shri Jumken Bagra, who was working as an Assistant Engineer(C) [in short ‘AE(C)’] at Aalo Hydro Power Sub-Division, has been brought in. By the same impugned order of transfer, the petitioner in WP(C)93(AP)2021, Shri Mindo Padu, who was working as an ASW(C) in the Office of the Executive Engineer, Geku Hydro Power Sub-Division, was transferred as AE(C) at Aalo Hydro Power Sub-Division. The primary contention raised by the petitioner in WP(C)249(AP)2020, while challenging the impugned order of transfer dated 10.09.2020, is that the petitioner has been transferred from Mechuka Hydro Power Sub-Division within a span of 1(one) month. While the petitioner, Shri Genya Sora, had impleaded Shri Jumken Bagra as respondent No.4 in the writ petition, i.e. WPC)249(AP)2020, who was brought in his place at Mechuka Hydro Power Sub-Division, but the petitioner, Shri Genya Sora, did not implead the petitioner in WP(C)93(AP)2021, namely, Shri Mindo Padu, who was brought to Aalo Hydro Power Sub-Division from the Geku Hydro Power Sub-Division in place of respondent No. 4, Shri Jumken Bagra, in WP(C)249(AP)2020. On the contention raised by the petitioner in WP(C)249(AP)2020 that he has been transferred by respondent authorities from Mechuka Hydro Power Sub-Division to Geku Hydro Power Sub-Division within a period of 1(one) month of his posting at Mechuka Hydro Power Sub-Division, this Court by an order dated 17.09.2020, while issuing notice to the respondents, had stayed the impugned transfer order dated 10.09.2020 insofar as the petitioner in WP(C)249(AP)2020, Shri Genya Sora, and the respondent No. 4, Shri Jumken Bagra, are concerned. 4. Since, in the meanwhile, the petitioner in WP(C)93(AP)2021, Shri Mindo Padu, who was transferred from Geku Hydro Power Sub- Division to Aalo Hydro Power Sub-Division by the same impugned order, had joined at Aalo Hydro Power Sub-Division on 15.09.2020, pursuant to the impugned order of transfer dated 10.09.2020, the petitioner, Shri Mindo Padu, by filing WP(C)93(AP)2021, has put to challenge order dated 18.03.2021, issued by the Executive Engineer, Aalo Division, Department of Hydro Power Development, vide order No. AHPD/HPD/E-1/2020-21/238-43, by which order, the handing and taking over of charges of Aalo Hydro Power Sub-Division between the petitioner, Shri Mindo Padu, and the respondent No. 4, in WP(C)249(AP)2020 Shri Jumken Bagra, on 25.02.2021 has been cancelled with a further direction to both the officers to function their duties at their earlier places of posting. In other words, the petitioner in WP(C)93(AP)2021, Shri Mindo Padu, shall continue to work as ASW(C) at Geku Hydro Power Sub-Division and Shri Jumken Bagra shall continue to work as AE(C) at Aalo Hydro Power Sub-Division.

5. Though counter affidavit in WP(C)249(AP)2020 has been filed by the State respondents as well as the private respondent No. 4, Shri Jumken Bagra, wherein the fact that the petitioner in WP(C)249(AP)2020, Shri Genya Sora, was transfer