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GAHC040013112022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
(ITANAGAR BENCH)
Case No. : WP(C) 406/2022
1:Badelum Tarainyu S/o Lt. Myadylum, Vill Pyaprap, Metengliang, Hayuliang, Anjaw (AP) 792104 Mobile 8731087390 VERSUS
1:THE STATE OF AP and 4 Ors.
Represented by Secretary, Education, Govt. of Arunachal Pradesh, Civil Secretariat, Itanagar, AP Pin 791111
2:The Secretary (Education)
Govt. of AP Civil Secretariat Itanagar AP Pin 791111
3:The Director of Elementary Education Govt. of Arunachal Pradesh Itanagar PIN 791111
4:The Depity Director of School Education the Department of Education Anjaw Govt. of Arunachal Pradesh. Pin 792104
5:The Deputy Commissioner Hawai Anjaw District Arunachal Pradesh. Pin 79210 Advocate for the Petitioner : Sunil Mow Advocate for the Respondent : GA (AP) Connected Case No. : WP(C) 410/2022
1:Apansi Kri W/o Badulum Tarainyu, R/o Pyaprap, Metengliang, Hayuliang, PO/PS Hayuliang, Anjaw District, AP. Pin
792104 (mobile) 8731087390 VERSUS
1:THE STATE OF AP and 3 Ors.
Represented herein through Secretary cum Chairman Samagra Shiksha Abhiyan/ISSE, State Rajya Mission, Itanagar, Govt. of AP, PIN 791111
2:The State Project Director (SPD)
SSA /ISSE State Rajya Mission Govt. of Arunachal Pradesh Itanagar AP PIN 79111
3:The Deputy Commisioner cum Chairman ISSE/SSA District Level Management Committee District Rajya Mission Anjaw Govt. of Arunachal Pradesh AP Pin 792104
4:The Deputy Director of School Education cum District Level Management Committee SSA/ISSE Dist. Rajya Mission Anjaw Govt. of Arunachal Pradesh. Pin 79210 Advocate for the Petitioner : Sunil Mow Advocate for the Respondent : GA (AP)
BEFORE HONBLE MR. JUSTICE NANI TAGIA
['Sunil Mow', '', 'k N Maling', 'Chanya Bangsia', 'Sonam Tsomo', 'Ebo Mili', 'T Siga', 'Madan Mili', 'GA AP', '', 'Tagum Jamoh', 'SC Education']
ORDER
Date : 03-11-2022 Heard Mr. S. Mow, learned counsel for the petitioners. Also heard Mr.
T. Tagum, learned counsel for the Education Department.
This order shall dispose of both the writ petitions.
2. WP(C) No. 406(AP)/2022 has been filed challenging the order dated 18.07.2022 issued by the Deputy Director of School Education, Anjaw District, Hawai, vide No.EDN/ANJ/165/T&P/2022-23/72-84, whereby, the petitioner, who is a Primary Recruitment Teacher (PRT) working at Government Upper Primary School (GUPS) Doringko has been posted at Government Upper Primary School (GUPS) Charnai.
3. WP(C) No. 410(AP)/2022 is directed against the order dated 29.09.2022, issued by the Deputy Director of School Education, Anjaw District, Hawai, vide Memo No.ANJ/ISSE/48-T&P/2022-23/351-57, whereby, the petitioner, who is a Primary Recruitment Teacher (PRT) (ISSE), working at Government Upper Primary School (GUPS) Chambab, has been transferred and posted to Government Upper Primary School (GUPS) Charnai. Though the petitioner has been shown to have been transferred from Government Upper Primary School (GUPS) Chambab to Government Upper Primary School (GUPS) Charnai, it is submitted that the petitioner did not serve at Government Upper Primary School (GUPS) Chambab, pursuant to a transfer order dated 22.07.2022, issued by the DDSE-cum-DPO, ISSE, Anjaw District Hawai, vide ANJ/ISSE/48- T&P/2022-23, whereby, the petitioner was transferred from Government Upper Primary School (GUPS) Doringko to Government Upper Primary School (GUPS) Chambab, as the petitioner never joined at Government Upper Primary School (GUPS) Chambab, pursuant to the order dated 22.07.2022 and the petitioner continued to work at Government Upper Primary School (GUPS) Doringko.
4. The petitioners in both the writ petitions are stated to be husband and wife. The petitioner in WP(C) No. 406(AP)/2022 is a PRT posted at Government Upper Primary School (GUPS) Doringko since the year 2015. The petitioner in WP(C) No. 410(AP)/2022 is a PRT (ISSE) posted at Government Upper Primary School (GUPS) Doringko, since the year 2007. While both the petitioners who are husband and wife, were working at Government Upper Primary School (GUPS) Doringko, when the State respondents had transferred the petitioner in WP(C) No. 406(AP)/2022 at Government Upper Primary School (GUPS) Charnai, vide the order of transfer dated 18.07.2022 and the petitioner in WP(C) No. 410(AP)/2022, was transferred to Government Upper Primary School (GUPS) Chambab, vide the order of transfer dated 22.07.2022, both the petitioners had assailed the aforesaid transfer orders issued, by filing the WP(C)218(AP) of 2022 and WP(C) No. 283(AP) of 2022. In the earlier writ petitions filed, the petitioners had contended that since the petitioners in the two writ petitions are husband and wife, they ought not to have been posted at different places, as the transfer and posting guidelines applicable to the petitioners, provides that as far as possible, the husband and wife should be posted at the same station. The aforesaid two writ petitions was disposed of by this Court vide an order dated 26.08.2022, by directing the respondent authorities to consider posting of both the petitioners at the same station, on a statement made by the learned Standing counsel for the Education Department that the Education Department would reconsider the place of posting of the 2 (two) writ petitioners at different places and an endeavour shall be made to post both the petitioners at the same station.
5. Pursuant thereto, both the impugned orders, dated 18.07.2022 and 29.09.2022, have been issued posting both the petitioners, who are husband and wife at Government Upper Primary School (GUPS) Charnai. The petitioners have now filed this writ petitions challenging both the transfer orders, posting them at the same station called Government Upper Primary School (GUPS) Charnai, on the ground that Charnai is a “Hard Belt” and the petitioners should be posted at a “
