JUDGMENT & ORDER

In this writ petition preferred under Article 226 of the Constitution of India, the petitioner has assailed an Order bearing no. SWRD/E-09/2013/Pt-II dated 10.11.2025 issued by the Secretary to the Government of Arunachal Pradesh, Water Resources Department [WRD]. It is stated that the impugned Order is in partial modification of an earlier order of even number dated 29.10.2025. By the impugned Order, the petitioner, an Executive Engineer in the Water Resources Department [WRD], Government of Arunachal Pradesh, has been transferred and posted from Seppa WRD Division to Daporijo WRD Circle vice one Sri Hanu Techi Tara, Executive Engineer transferred. In the impugned Order, it is stated that the petitioner was under an order of posting at Yingkiong WRD Division. By the same impugned Order, the respondent no. 4, also an Executive Engineer, who was also under an order of posting to Daporijo WRD Circle, has been shown to be retained at Yingkiong WRD Division.

2. The petitioner is in service in the rank and post of regular Executive Engineer under the Water Resources Department [WRD], Government of Arunachal Pradesh. Pursuant to recommendation of the Departmental Promotion Committee, the petitioner was promoted to the post of Executive Engineer and posted at Seppa WRD by an Order dated 26.11.2014. The respondent no. 4 is in the substantive post of Assistant Engineer and he was appointed as Executive Engineer on functional basis in his own pay level and grade pay of Assistant Engineer by an Order dated 17.06.2020.

3. By an Order dated 11.07.2023, a number of Executive Engineers were transferred and posted at different places, as indicated therein, in the interest of public service. The petitioner who was then serving as Executive Engineer at Pasighat Division, was transferred to the Office of Superintending Engineer Coord, WRD, Itanagar as Executive Engineer [P&D]. By the same Order, the respondent no. 4 was transferred from Kolorian Division, WRD to Yingkiong Division, WRD as Executive Engineer.

4. By a subsequent Order dated 05.08.2024, a number of Executive Engineers were again transferred and posted at different places, as mentioned therein, in the interest of public service. The petitioner was transferred from the Office of the Superintending Engineer, Coord, Itanagar to Seppa WRD Division as Executive Engineer. While the petitioner was serving as Executive Engineer at Seppa Division for about one year and two months after the Order dated 08.05.2024, the petitioner was again transferred and posted as Executive Engineer at Yingkiong Division, WRD by an Order dated 29.10.2025 in the interest of public service. By the Order dated 29.10.2025, the respondent no. 4 was transferred from Yingkiong Division, WRD to Daporijo Circle, WRD as Executive Engineer [P&D].

5. I have heard Mr. T. Pertin, learned counsel for the petitioner; Mr. R.H. Nabam, learned Additional Advocate General, Arunachal Pradesh for the respondent nos. 1, 2 & 3; Mr. P. Taffo, learned senior counsel for the respondent nos. 4 & 5; and Mr. A. Tatak, learned counsel for the respondent no. 6.

6. Mr. Pertin, learned counsel appearing for the petitioner has submitted that during the period from 11.07.2023 to 29.10.2025, the petitioner was transferred on three occasions. In obeisance to the Order of transfer dated 29.10.2025, the petitioner joined in the post of Executive Engineer, Yingkiong Division, WRD in strict observance of all the procedures as laid down in an Office Memorandum dated 13.02.2007. He has pointed out that on 29.10.2025, the petitioner did not even complete a period of three months at his previous place of posting as Executive Engineer, Basar Division, WRD, which is much less than the normal tenure of two years as provided in the Transfer Policy Guidelines framed by a Circular dated 02.06.1998 and partially amended subsequently by an Order dated 19.12.2008. On the other hand, the respondent no. 3 had completed more than two years in the Yi