The court directed the respondent authority to decide on a representation against a transfer order and maintained status quo regarding postings until the disposal of said representation.

ORDER

Heard Mr. R. Saikia, learned Senior counsel assisted by Mr. I. Bam, learned counsel for the petitioner. Also heard Mr. S. Tapin, learned Senior Government Advocate for the respondent Nos. 1 and 2 and Mr. D. Soki, learned counsel for the respondent No.3.

2. By filing this writ petition, the petitioner challenges the order dated 28.04.2026 issued by respondent No. 2, whereby the petitioner has been transferred from the post of Divisional Forest Officer (in short, “DFO”), Banderdewa Forest Division, to DCF (Industries).

3. The case of the petitioner is that he is a Selection Grade Officer in the Arunachal Pradesh Forest Department, currently holding the post of DFO, Banderdewa, Forest Division. Earlier, by an order dated 14.02.2024, the petitioner was transferred from the office of the DFO, Mehao Wildlife Sanctuary, Roing to the Office of the Divisional Forest Officer (DFO), Sagalee. Subsequently, by an order dated 08.11.2024, the petitioner was again transferred from DFO, Sagalee Forest Division to DFO, Banderdewa Forest Division. Thereafter, by an order dated 24.12.2024, modifying the earlier order, the petitioner was directed to be retained at his previous posting at Sagalee. Being aggrieved, the petitioner made a representation dated 31.12.2024, which was rejected on 21.02.2025.

4. Being aggrieved, the petitioner filed a writ petition, being WP(C) No. 76(AP)/2025, which was allowed. By an order dated 19.05.2025, the Court set aside the orders dated 24.12.2024 and 21.02.2025 and directed the respondents to allow the petitioner to discharge his duties in the office of the Divisional Forest Officer (DFO), Banderdewa. In compliance with the High Court’s order dated 19.05.2025 passed in WP(C) No. 76(AP)/2025, the petitioner was allowed to take charge as DFO, Banderdewa Forest Division, on 12.06.2025. However, by the impugned transfer order dated 28.04.2026, the petitioner has again been sought to be transferred from DFO, Banderdewa Forest Division, to DCF (Industries), and in his place, respondent No. 3 has been posted as DFO, Banderdewa Forest Division. Being aggrieved, the present writ petition has been filed.

5. The case of the petitioner is that respondent No. 3 was promoted from the post of Range Forest Officer (RFO) to Assistant Conservator of Forests (ACF) on 25.02.2026, and the said post carries a probation period of two years, followed by confirmation in service. Such confirmation is to be effected as per Rule 24 read with Rule 14 of the Arunachal Pradesh Forest Service Rules, 2019 [in short ‘APFS, Rules’ 2019]. The learned counsel for the petitioner submits that, as on date, respondent No. 3 is still in the probation period as an ACF, which is lower in rank than the post of DFO held by the petitioner. He further submits that, taking cognizance of such procedural irregularity, this Court, in the earlier litigation, had set aside and quashed the impugned order and allowed the petitioner to remain in the office of the Divisional Forest Officer (DFO), Banderdewa. It is also submitted that, being a probationer in the cadre of ACF, respondent No. 3 cannot be posted as DFO in Banderdewa Forest Division, as it is impermissible under the APFS Rules, 2019. The learned senior counsel further submits that the petitioner has not yet been released from the post of DFO, Banderdewa.

6. The further case of the petitioner is that the impugned transfer order is illegal, arbitrary, and violative of the transfer and posting guidelines dated 02.06.1998, 19.12.2008, and t