AI Overview...
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Transfer and Postings Policy - The Arunachal Pradesh government allows cross transfer/posting of Group-C and D employees, based on policies such as the 'as is where is' principle. Employees in ministerial cadres seek automatic transfers in line with administrative decisions. Courts have examined these policies to ensure transfers are in public interest and adhere to government guidelines. K. S. Ramachandran VS State of Arunachal Pradesh - Gauhati
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Retention of Government Quarters - Courts have upheld employees' rights to retain government quarters at their last place of posting, relying on central government policies. Such decisions emphasize adherence to established policies for quarters retention, preventing arbitrary dispossession. Union of India VS Lekh Bahadur Thapa - Meghalaya, Union of India VS Lekh Bahadur Thapa, Blacksmith - Meghalaya
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Transfer Guidelines and Duration - The Arunachal Pradesh government’s transfer guidelines, notably dated 02.06.1998 and 19.12.2008, prescribe a normal tenure of two years per posting within the state. Petitions and representations regarding transfers are considered within this framework, ensuring transparency and policy compliance. Pesi Jilen vs THE STATE OF AP and Anr - Gauhati
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E-Governance and Technology - Initiatives in e-governance aim to streamline transfers, postings, and related administrative processes, including the bifurcation of state councils and adherence to recruitment rules, to ensure efficiency and transparency. Tanya Ronya VS State of Arunachal Pradesh - Gauhati
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Inter-se Transfers and Hierarchical Transfers - Transfers among employees of different hierarchies are permissible, provided they follow government orders and policies. However, transfers of employees of differing substantive statuses require careful scrutiny to avoid violations of rules. Courts have emphasized that transfers should not infringe on employee rights or involve external influence. HIBU TAMA vs THE STATE OF AP - Gauhati, Hibu Tama VS State of Arunachal Pradesh - Gauhati
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Judicial Review and Public Interest - Transfers challenged on grounds of mala fide intent, political interference, or not serving public interest are subject to judicial review under Article 226 of the Constitution. Courts have intervened where transfers are found to be arbitrary, malafide, or influenced by external factors, emphasizing the importance of transparency and adherence to policy. Kumsong Pangging VS State of Arunachal Pradesh and Ors. - Gauhati, Kumsong Pangging VS State of Arunachal Pradesh and Ors. - Gauhati
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Implementation and Compliance - Government officials and employees are required to follow prescribed procedures for transfer and posting, including submitting joining reports and adhering to departmental directives. Disputes often involve procedural lapses or alleged malpractices, which courts scrutinize to uphold fair administrative practices. Deepak Tayeng VS State of Arunachal Pradesh - Gauhati, Kumsong Pangging VS State of Arunachal Pradesh and Ors. - Gauhati
Analysis and Conclusion:
The transfer and posting of government employees in Arunachal Pradesh are governed by a combination of state-specific policies, central government guidelines, and judicial principles. While policies provide a framework ensuring transparency, tenure, and fair practices, courts retain the authority to review transfers to prevent malpractices, political interference, or violations of employee rights. Overall, adherence to established guidelines and transparent procedures are essential for legitimate transfers, with judicial oversight serving as a safeguard against arbitrary actions.
Search Results for "Transfer and Posting of Govt Employees in Arunachal Pradesh"
2004 0 Supreme(Gau) 654 • India - Gauhati
BIPLAB KUMAR SHARMA
The government's decision to allow cross transfer/posting of Group-C and D employees led to the writ petitions. ... court discussed the principle of 'as is where is basis' and the policy decision of cross transfer/posting of Group-C and D employees ... Fact of the Case: The employees in the Ministerial cadre sought automatic transfer and deployment in the newly created ... The Govt. of Arunachal Pradesh....
2015 0 Supreme(Megh) 47 • India - Meghalaya
T.NANDAKUMAR SINGH, S.R.SEN
Transfer - Retention of Government Quarter - The court held that the respondent was entitled to retain the quarter allotted to ... Ratio Decidendi: The court relied on the policy decision of the Central Government, which allowed government employees serving ... him at his last place of posting, in accordance with the policy decision of the Central Government. ... The further case of the respondent is that under the policy decision of the Central Govt., which is followed by the petitioners that the Central Govt....
2015 0 Supreme(Megh) 44 • India - Meghalaya
T.NANDAKUMAR SINGH, S.R.SEN
Transfer - Government Quarter - Retention of Quarter at Last Place of Posting Fact of the Case: The respondent, a ... Ratio Decidendi: The court relied on the policy decision of the Central Government, which allowed government employees in ... The respondent approached the Central Administrative Tribunal, seeking to retain the quarter at his last place of posting. ... The further case of the respondent is that under the policy decision of the Central Govt., which is followed by the petitioners that th....
• India - Gauhati
, 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. ... within the same Arunachal Pradesh Civil Secretariat. ... Notwithstanding the disposal of the writ petition, it appears that the petitioner has submitted a representation dated 27.07.2021 to the Secretary....
2017 0 Supreme(Gau) 1380 • India - Gauhati
SONGKHUPCHUNG SERTO
Technology and e-governance under Govt of Arunachal Pradesh. ... of Arunachal Pradesh APSCST was bifurcated into Arunachal Pradesh State Council for Science & Technology and State Council for Information ... to occupy same position unless in meanwhile he has earned promotion in his parent department as per Recruitment Rules - Whether transfer ... SC (E)-287/2810/11 dated 19.09.2013 in the Arunachal Pradesh Gazette,....
• India - Gauhati
MR. JUSTICE NANI TAGIA, J
inter-se transfers among employees of differing hierarchies are permissible. ... (A) Constitution of India - Article 226 - Transfer of Government employee - Violation of Government order pertaining to transferral ... dated 14.01.2020 that stated no external recommendations should influence transfers. - The inter-se transfer between a functional ... Also, request you to grant me permission to give copy of it to His Excellency the Governor of Arunachal Pradesh....
2020 0 Supreme(Gau) 572 • India - Gauhati
NANI TAGIA
(A) Constitution of India - Article 226 - Transfer of government employees - The petitioner challenged his transfer from Superintending ... ; however, it clarified inter-se transfers between employees of differing statuses or substantive posts are impermissible. ... (Paras 1-48) ... ... Ratio Decidendi: The court held an employee's transfer should not infringe ... should not interfere with the transfer and posting of the #HL_START....
2020 0 Supreme(Megh) 8 • India - Meghalaya
KALYAN RAI SURANA
. of Arunachal Pradesh Department of Education about same by his letter - However Secretary Govt. of Arunachal Pradesh Department ... Arunachal Pradesh Department of Education by W.T. ... by virtue of a release order and he joined his new place of posting on by submitting his joining report to Deputy Commissioner Lower ... ED.2/GAZ/654/2019 dated 11.12.2019, the respondent No. 2, i.e. the Secretary (Education), Govt. of Ar....
2020 0 Supreme(Gau) 352 • India - Gauhati
KALYAN RAI SURANA
. of Arunachal Pradesh Department of Education about same by his letter - However Secretary Govt. of Arunachal Pradesh Department ... Arunachal Pradesh Department of Education by W.T. ... by virtue of a release order and he joined his new place of posting on by submitting his joining report to Deputy Commissioner Lower ... ED.2/GAZ/ 654/2019 dated 11.12.2019, the respondent No.2, i.e. the Secretary (Education), Govt. of Ar....
1998 0 Supreme(Gau) 67 • India - Gauhati
J.N.SARMA
The petitioner alleged that the transfer was not in public interest but at the behest of the Speaker of the Arunachal Pradesh Legislative ... of trees and demolition of house between the Assam Police and Arunachal Pradesh Police. 2. ... TRANSFER OF GOVERNMENT EMPLOYEES - PUBLIC INTEREST - MALAFIDE - JUDICIAL REVIEW - WRIT OF CERTIORARI - ARTICLE 226 OF THE CONSTITUTION ... Baruah, learned Advocate for the petitioner and Sri AK Phukan, learned Advocate General, #HL_STA....
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