Tuba Angu v. The State of Ap and 4 Ors

JUDGMENT & ORDER(ORAL)

This writ petition has been filed, challenging the order, dated 12.06.2023, issued on 13.06.2023, by the Secretary, PHE & WS, Government of Arunachal Pradesh, Itanagar, vide Memo. No. SECTT./ PHE-10/97(E)Part-I/37, whereby, the petitioner, a Superintending Engineer in the Department of PHE & WS, Government of Arunachal Pradesh, has been posted as the Superintending Engineer, Sanitation State Coordinator SBMG, in modification of the earlier transfer order, dated 30.05.2023, issued by the Secretary, PHE & WS, Government of Arunachal Pradesh, Itanagar, on

31.05.2023, vide Memo. No. SECTT./ PHE-10/97(E)Part-I/29, whereby, he was posted as the Superintending Engineer, PHE & WS Circle, Pangin.

¶2The facts leading to the filing of the present writ petition, briefly, stated, are as under: Page No.# 3/16 The writ petitioner who was working as the Superintending Engineer, Aalo Bene PHE & WS Circle, was directed to take-over the charge of the Superintending Engineer, PHE & WS Circle, Pangin, in addition to his normal charge in view of the retirement of one Shri Tamoli Takoh, Superintending Engineer, PHE & WS Circle, Pangin, on attaining the age of superannuation on 30.04.2023, vide order, dated 27.04.2023, issued by the Chief Engineer, PHE & WS, Government of Arunachal Pradesh, Namsai, under Memo. No. PHED-1/EZ/57/2022/60-61.

Pursuant to the aforesaid order, dated 27.04.2023, directing the petitioner to take-over the charge of the Superintending Engineer, PHE & WS Circle, Pangin; he took-over the charge of the Superintending Engineer, PHE & WS Circle, Pangin, on

01.05.2023. While he was working as such, namely, the Superintending Engineer, Aalo Bene PHE & WS Circle, with an additional charge of the Superintending Engineer, PHE & WS Circle, Pangin; the Secretary, PHE & WS, Government of Arunachal Pradesh, Itanagar, had issued an order, dated 30.05.2023, signed on 31.05.2023, transferring and posting the petitioner from Aalo Bene PHE & WS Circle, to the PHE & WS Circle, Pangin, as Superintending Engineer, and in his place, the Respondent No. 4 who was working as the Superintending Engineer, Tezu PHE & WS Circle, was brought in.

According to the petitioner, as he had already taken-over the charge of the Superintending Engineer, PHE & WS Circle, Pangin, on 01.05.2023, pursuant to the order, dated 27.04.2023, issued by the Chief Engineer, PHE & WS, Government of Arunachal Pradesh, Namsai, directing him to take-over the additional charge of the Superintending Engineer, PHE & WS Circle, Pangin; the petitioner continued to discharge his duty as the Superintending Engineer, PHE & WS Circle, Pangin, in terms Page No.# 4/16 of the order, dated 27.04.2023, as well as in terms of the transfer and posting order, dated 30.05.2023, issued by the Secretary, PHE & WS, Government of Arunachal Pradesh, Itanagar, on 31.05.2023, vide Memo. No. SECTT./PHE-10/97(E)Part-I/29. When the petitioner was working as such i.e. Superintending Engineer, PHE & WS Circle, Pangin; the Secretary, PHE & WS, Government of Arunachal Pradesh, Itanagar, vide yet another order, dated 12.06.2023, issued on 13.06.2023 under Memo. No. SECTT./ PHE-10/97(E)Part-I/37, whereby, in modification of the earlier order of transfer, dated 30.05.2023, issued by the Secretary, PHE & WS, Government of Arunachal Pradesh, Itanagar, on 31.05.2023; the petitioner has been posted as the Superintending Engineer, Sanitation State Coordinator SBMG, vide Memo. No. SECTT/PHE-10/97(E)Part-I/37; the private respondent No. 4 has been posted as the Superintending Engineer, PHE & WS Circle, Pangin; and the Respondent No. 5 has been posted as the Superintending Engineer, Aalo Bene PHE & WS Circle.

The petitioner, therefore, has filed this writ petition, challenging the impugned transfer order, 12.06.2023, issued on 13.06.2023, by the Secretary, PHE & WS, Government of Arunachal Pradesh, Itanagar, contending that the earlier order of transfer, dated 30.05.2023, issued on 31.05.2023, could not have been modified without assigning any reason and hence, the impugned modification order, dated

12.06.2023, issued by the Secretary, PHE & WS, Government of Arunachal Pradesh, Itanagar, on 13.06.2023, is liable to be interfered with by the Court.

¶3Contesting the case of the petitioner; the State Respondents No. 1, 2 & 3, have filed an affidavit-in-opposition, wherein, it has been contended that the earlier order of Page No.# 5/16 transfer, dated 30.05.2023, issued on 31.05.2023, was modified on a proposal put-forth by the Hon'ble Minister, PHE & WS, Government of Arunachal Pradesh, whereby, it was proposed that the writ petitioner be retained as the Superintending Engineer, Aalo Bene PHE & WS Circle, and the private respondent No. 4 be posted as the Superintending Engineer, PHE & WS Circle, Pangin, and one Shri Tony Ete, Executive Engineer, Aalo Division, be posted as the in-charge Superintending Engineer, Tezu PHE & WS Circle, which proposal, on being put up before the competent authority, was modified, thereby, posting the writ petitioner as the Superintending Engineer, Sanitation State Coordinator SBMG. The State authorities, in the affidavit-in-opposition filed, contends that it was in pursuance of the approval of the competent authority, as above, that the impugned modification order, dated 12.06.2023, was issued by the Secretary, PHE & WS, Government of Arunachal Pradesh, Itanagar, on 13.06.2023; posting the petitioner as the Superintending Engineer, Sanitation State Coordinator SBMG, in modification of the earlier transfer order dated, 30.05.2023.

The State Respondents have also contended in the affidavit-in-opposition filed, that though the petitioner was working as the Superintending Engineer, Pangin PHE & WS Circle, in terms of the order, dated 27.04.2023, issued by the Chief Engineer, PHE & WS, Government of Arunachal Pradesh, Namsai, directing him to take-over the additional charge of the Superintending Engineer, PHE & WS Circle, Pangin; but, the petitioner did not join the PHE & WS Circle, Pangin, pursuant to the order, dated

30.05.2023, issued by the Secretary, PHE & WS, Government of Arunachal Pradesh, Itanagar, on 31.05.2023, and therefore, the order of transfer, dated 30.05.2023, Page No.# 6/16 posting the petitioner as the Superintending Engineer, PHE & WS Circle, Pangin, was modified by the order, dated 12.06.2023, issued by the Secretary, PHE & WS, Government of Arunachal Pradesh, Itanagar, on 13.06.2023, by posting the petitioner as the Superintending Engineer, Sanitation State Coordinator SBMG.

¶4The private respondent No. 4 has also filed an affidavit-in-opposition wherein, it has been stated that in compliance of the transfer order, dated 30.05.2023, referred to above; the respondent No. 4 had joined at his place of posting at Aalo Bene PHE & WS Circle, and thereafter, the impugned order, dated 12.06.2023, was issued by the Secretary, PHE & WS, Government of Arunachal Pradesh, Itanagar, on 13.06.2023, to which, the respondent No. 4 contends that he does not deem it necessary to controvert the submissions made by the petitioner and he will abide by any decision which this Court would render in the writ petition.

¶5By filing an affidavit-in-opposition, apart from adopting the contention raised by the State Respondents; the private respondent No. 5 has also contended that no proper release order, joining report, handing-over charges and assuming charge of the office, has been annexed by the petitioner. The Respondent No. 5 also contends that the documents annexed in respect of the certificate of transfer of charges are all false, fabricated and manufactured documents.

¶6I have heard Mr. Dicky Panging, learned counsel for the petitioner; Mr. Subu Tapin, learned Senior Government Advocate, appearing on behalf of respondents No. 1, 2 & 3; Ms. Mariam Likha, learned counsel, appearing on behalf of private Respondent No. 4; and Mr. Marto Kato, learned counsel, appearing on behalf of private Page No.# 7/16 respondent No. 5.

¶7Mr. Panging, learned counsel for the petitioner, has submitted that as the writ petitioner who was working as the Superintending Engineer, Aalo Bene PHE & WS Circle, had also taken-over the charge of the Superintending Engineer, PHE & WS Circle, Pangin, in addition to his normal charges in terms of the order, dated

27.04.2023, issued by the Chief Engineer, PHE & WS, Government of Arunachal Pradesh, Namsai, and the petitioner having been transferred and posted as the Superintending Engineer, PHE & WS Circle, Pangin, vide order, dated 30.05.2023, issued by the Secretary, PHE & WS, Government of Arunachal Pradesh, Itanagar, on

31.05.2023; the respondent authorities could not have modified the order, dated

30.05.2023, issued on 31.05.2023, within a span of less than 2(two) weeks vide the impugned order, dated 12.06.2023, issued on 13.06.2023, transferring the petitioner again as the Superintending Engineer, Sanitation State Coordinator SBMG, without assigning any reason.

In support of his contention that the order of transfer issued, cannot be modified by the respondent authorities, in such a short interval of time, without assigning any reason; Mr. Panging, learned counsel for the petitioner, has relied on a decision of this Court rendered in the case of Roukuolhoulie Angami v. State of Nagaland & ors., reported in 1997(1) GLT 140.

¶8Mr. Tapin, learned Senior Government Advocate, on the other hand, has contended that since no mala fide has been alleged against the respondent authorities in issuing the impugned modification order, dated 12.06.2023, whereby, the earlier Page No.# 8/16 order of transfer and posting, dated 30.05.2023, issued by the Secretary, PHE & WS, Government of Arunachal Pradesh, Itanagar, on 31.05.2023, has been modified; this Court, in the absence of any allegation of mala fide exercise of power by the respondent authorities in issuing the impugned order, dated 12.06.2023, therefore, may not interfere with the impugned order of transfer, dated 12.06.2023.

By referring to the affidavit-in-opposition filed by the Respondents No. 1, 2 & 3; Mr. Tapin, learned Senior Government Advocate, has fairly submitted that from the affidavit filed and the annexures appended thereto; no reason is discernible from the record for modifying the earlier order of transfer, dated 30.05.2023, issued by the Secretary, PHE & WS, Government of Arunachal Pradesh, Itanagar, on 31.05.2023, vide the impugned order, dated 12.06.2023.

Mr. Tapin, learned Senior Government Advocate, has also contended that since the writ petitioner has not formally joined or moved to his transferred place of posting in terms of the transfer order, dated 30.05.2023, issued by the Secretary, PHE & WS, Government of Arunachal Pradesh, Itanagar, on 31.05.2023; no prejudice is caused to him and therefore, the impugned order, dated 12.06.2023, may not be interfered with by this Court.

¶9Ms. Likha, learned counsel for Respondent No. 4; by relying on the affidavit-in-opposition filed; has contended that in terms of the transfer order, dated 30.05.2023, issued by the Secretary, PHE & WS, Government of Arunachal Pradesh, Itanagar, on

31.05.2023; the private respondent No. 4 had joined at Aalo Bene PHE & WS Circle, and thereafter, the impugned order, dated 12.06.2023, has been issued by the Page No.# 9/16 respondent authorities modifying the earlier order of transfer, dated 30.05.2023, issued on 31.05.2023, and the Respondent No. 4 would abide by the decision rendered by the Court in this writ petition.

¶10Adopting the submissions made by Mr. Tapin, learned Senior Government Advocate; Mr. Kato, learned counsel for Respondent No. 5; has contended that since the proposal for modification of the transfer order, dated 30.05.2023, issued by the Secretary, PHE & WS, Government of Arunachal Pradesh, Itanagar, on 31.05.2023, was initiated by the Department concerned through the Hon'ble Minister, PHE & WS, Government of Arunachal Pradesh; the competent authority who had issued the earlier order of transfer, dated 30.05.2023, issued on 31.05.2023, is well within the competence to modify the earlier order of transfer, dated 30.05.2023, issued on

31.05.2023, vide the impugned order, dated 12.06.2023.

Mr. Kato, learned counsel for Respondent No. 5, has also contended that in the instant case, the proposal for modification as put-forth by the Department concerned through the Hon'ble Minister, PHE & WS, Government of Arunachal Pradesh, was for posting of the petitioner as the Superintending Engineer, Aalo Bene PHE & WS Circle, but, when the matter reached the competent authority; the competent authority did not agree with the said proposal and thereafter, the petitioner was posted as the Superintending Engineer, Sanitation State Coordinator SBMG, and accordingly, Mr. Kato, learned counsel, contends that since the authority competent to issue the transfer order, is also competent to modify the earlier order of transfer issued and that is why, in the instant case; the competent authority did not accept the proposal put-forth by the Department concerned through the Hon'ble Minister, PHE & WS, Page No.# 10/16 Government of Arunachal Pradesh, and the petitioner was accordingly posted as Superintending Engineer, Sanitation State Coordinator SBMG.

Mr. Kato, learned counsel for Respondent No. 5; therefore, contends that since the impugned modification order, dated 12.06.2023, has been issued by the competent authority; the said impugned order may not be interfered with in the absence of any other ground put-forth other than the contention of the petitioner that no reason has been assigned, for modification of the earlier order of transfer, dated

30.05.2023, issued by the Secretary, PHE & WS, Government of Arunachal Pradesh, Itanagar, on 31.05.2023.

In support of his contention that the transfer of an employee normally should not be interfered with by the Court except when the transfer order is shown to be vitiated with mala fide or in violation of any statutory provision or having been passed by an authority not competent to pass the transfer order; Mr. Kato, learned counsel for Respondent No. 5, has relied on a decision of the Hon'ble Supreme Court rendered in the case of State of U.P. v. Gobardhan Lal, reported in (2004) 11 SCC 402.

Mr. Kato, learned counsel, has also contended that the petitioner did not assume the charge of the Superintending Engineer, PHE & WS Circle, Pangin, as per the procedure prescribed and according to him, the documents annexed by the petitioner as regards the certificate of transfer of charges are all false, fabricated and manufactured documents and therefore, the process adopted by the petitioner is not in conformity with the procedure prescribed for transfer of charges as well as for assuming of charge. In that view of the matter; Mr. Kato, learned counsel, has Page No.# 11/16 contended that impugned modification order, dated 12.06.2023, issued by the Secretary, PHE & WS, Government of Arunachal Pradesh, Itanagar, on 13.06.2023, may not be interfered with by the Court.

¶11Rival contentions advanced by the learned counsels appearing for the parties have received due consideration of this Court.

¶12Upon hearing the learned counsels appearing for the parties and on perusal of the materials placed on record; it is noticed that while the petitioner was working as the Superintending Engineer, Aalo Bene PHE & WS Circle; he was directed to take-over the additional charge of the Superintending Engineer, PHE & WS Circle, Pangin, by the Chief Engineer, PHE & WS, Government of Arunachal Pradesh, Namsai, vide order, dated 27.04.2023. Pursuant thereto, it is also noticed that the petitioner had taken-over the charge of the Superintending Engineer, PHE & WS Circle, Pangin, on

01.05.2023.

¶13While the petitioner was working as such; the Secretary, PHE & WS, Government of Arunachal Pradesh, Itanagar, had issued the transfer order, dated

30.05.2023, on 31.05.2023, whereby, the petitioner has been transferred from Aalo Bene PHE & WS Circle, to PHE & WS Circle, Pangin, and in his place at Aalo Bene PHE & WS Circle; the Respondent No. 4 who was working as the Superintending Engineer, Tezu PHE & WS Circle, has been brought in.

After the aforesaid order, dated 30.05.2023, was issued by the Secretary, PHE & WS, Government of Arunachal Pradesh, Itanagar, on 31.05.2023; it appears that Respondent No. 4 had joined at Aalo Bene PHE & WS Circle, in the afternoon of Page No.# 12/16

12.06.2023, as mentioned in paragraph No. 5 of the counter affidavit filed by the Respondent No. 4. It further appears that since the writ petitioner was already working as the Superintending Engineer, PHE & WS Circle, Pangin, w.e.f. 01.05.2023, in terms of the order, dated 27.04.2023, issued by the Chief Engineer, PHE & WS, Government of Arunachal Pradesh, Namsai; though he did not formally join at PHE & WS Circle, Pangin, in terms of the transfer order, dated 30.05.2023, issued on

31.05.2023, but, he continued to discharge his function as the Superintending Engineer, PHE & WS Circle, Pangin. While the matter rested thus; after a period of less than 2(two) weeks; the impugned order, dated 12.06.2023, has been issued by the Secretary, PHE & WS, Government of Arunachal Pradesh, Itanagar, on 13.06.2023, whereby, in partial modification of the earlier order of transfer, dated 31.05.2023; the petitioner has been posted as the Superintending Engineer, Sanitation State Coordinator SBMG; the Respondent No. 4 has been posted as the Superintending Engineer, PHE & WS Circle, Pangin; and the Respondent No. 5 has been posted as the Superintending Engineer, Aalo Bene PHE & WS Circle.

¶14In the light of the above-stated facts, what calls for determination by this Court is whether the respondent authorities after having transferred the petitioner from Aalo Bene PHE & WS Circle, to PHE & WS Circle, Pangin, vide the order, dated 30.05.2023, issued by the Secretary, PHE & WS, Government of Arunachal Pradesh, Itanagar, on

31.05.2023; could the respondent authorities have modified the said order within a period of less than 2(two) weeks therefrom vide the impugned order, dated

12.06.2023, issued on 13.06.2023, whereby, the writ petitioner has been now posted as the Superintending Engineer, Sanitation State Coordinator SBMG.

Page No.# 13/16

¶15There is no dispute to the proposition of law as contended by Mr. Tapin, learned Senior Government Advocate, as well as by Mr. Kato, learned counsel for Respondent No. 5, that the transfer of an employee is the prerogative of the authority concerned and the Court should not normally interfere with such transfer order unless it is:- (i). shown to be vitiated by mala fide (ii). in violation of statutory rules, or, (iii). issued by an authority which is not competent to issue such an order; which proposition of law has been laid down in the case of State of U.P. v. Gobardhan Lal(supra).

¶16In the instant case, unlike the law laid down in the case of State of U.P. v. Gobardhan Lal(supra); the issue, herein, is not the initial order of transfer and posting but the order of transfer and posting, dated 12.06.2023, issued by the Secretary, PHE & WS, Government of Arunachal Pradesh, Itanagar, on 13.06.2023, in modification of the earlier order of transfer, issued barely less than 2(two) weeks before the order, dated 30.05.2023, issued by the Secretary, PHE & WS, Government of Arunachal Pradesh, Itanagar, on 31.05.2023.

¶17When it is the case of modification of the earlier order of transfer issued by the respondent authorities; it is a settled position of law that cancellation or modification of an earlier order of transfer, must be supported by a sufficient reason.

¶18Reference in this regard be made to the decision of this Court rendered in the case of Roukuolhoulie Angami(supra); wherein, in paragraph No. 8, thereof; it has been held as under: "8. This Court in a catena of decision has held that, for cancellation, modification or keeping in abeyance of the transfer order passed in public interest must be supported with sufficient reasons necessitating for passing such order. The view taken by this Court has Page No.# 14/16 rationale behind it. Once the transfer order is made in public interest. Court normally do not interfere unless the order is passed with malafide or against the statutory rules. The only way open to the aggrieved government servant is to file a representation before the competent authority to redress his grievance. But this Court insist that for cancellation/modification or keeping it is abeyance of such order must be supported with sufficient reasons, because transfer of officers are always made in public interest and after elaborate exercise as to who should be transfer where in the exigency of the administration. While processing the transfer order, various factors are taken into consideration. One such factors being the duration of the stationing of one officer in a particular station for a long time. If an officer is posted in a particular station for a long time, no doubt, that he also acquires a considerable knowledge about the administration of the area, but at the same time he also often establishes vested interest in the area because of his long association and to avoid such eventualities, timely posting is always called for. Therefore, if the transfer order made in public interest is allowed to be taken away by another cryptic order modifying/cancelling or keeping in abeyance of the transfer order without assigning any reasons, it ceases to be in public interest, therefore, it must be held that the order has been passed at the whims and caprice of the authorities exercising the power. Public interest would not be allowed to be sacrificed at the altar of the whims and caprice of the authority exercising (he power. It must be grasped that public authority possesses power to use for public interest."

¶19Keeping in view the above proposition of law that the cancellation or modification of the transfer order issued earlier, should be supported by a sufficient reason; in the instant case, from the affidavit-in-opposition filed by the State Respondents No. 1, 2 & 3, it has been noticed that the earlier order of transfer, dated

30.05.2023, was issued by the Secretary, PHE & WS, Government of Arunachal Pradesh, Itanagar, on 31.05.2023, on being approved by the competent authority. Thereafter, the File relating to the matter of transfer and posting of the officers leading to issuance of the earlier order of transfer, dated 30.05.2023, issued on

31.05.2023, was recalled, and a proposal was re-submitted at the initiative made by the Hon'ble Minister, PHE & WS, Government of Arunachal Pradesh, wherein, the petitioner's posting was proposed at Aalo Bene PHE & WS Circle, as Superintending Engineer; Respondent No. 4's posting was proposed at PHE & WS Circle, Pangin, as Superintending Engineer; and the posting of another Engineer, namely, Shri Tony Ete, Executive Engineer, Aalo, was proposed at Tezu PHE & WS Circle as in-charge, Superintending Engineer. Though the above proposal was forwarded to the competent Page No.# 15/16 authority for approval but the competent authority did not accept the proposal insofar as the proposed posting of the petitioner at Aalo Bene PHE & WS Circle, as Superintending Engineer, and thereby, the competent authority had approved the posting of the petitioner as the Superintending Engineer, Sanitation State Coordinator SBMG.

¶20It was in pursuant to the above that the impugned order, dated 12.06.2023, was issued by the Secretary, PHE & WS, Government of Arunachal Pradesh, Itanagar, on 13.06.2023, vide Memo. No. SECTT./ PHE-10/97(E)Part-I/37, whereby, the petitioner who had been posted as the Superintending Engineer, PHE & WS Circle, Pangin, vide the earlier order, dated 30.05.2023, issued by the Secretary, PHE & WS, Government of Arunachal Pradesh, Itanagar, on 31.05.2023, has been modified and the petitioner has now been posted as the Superintending Engineer, Sanitation State Coordinator SBMG.

¶21Thus, from the perusal of the materials placed by the State Respondents in the affidavit-in-opposition filed; no reason is discernible as to why the competent authority who had approved the posting of the petitioner as Superintending Engineer, PHE & WS Circle, Pangin, has now been sought to be modified and posted as the Superintending Engineer, Sanitation State Coordinator SBMG, vide the impugned order, dated

12.06.2023, issued by the Secretary, PHE & WS, Government of Arunachal Pradesh, Itanagar, on 13.06.2023, vide Memo. No. SECTT./PHE-10/97(E)Part-I/37.

¶22In the absence of any reason, much less, the sufficient reason as held by the Court in Roukuolhoulie Angami(supra); I am of the considered view that the Page No.# 16/16 impugned order, dated 12.06.2023, issued by the Secretary, PHE & WS, Government of Arunachal Pradesh, Itanagar, on 13.06.2023, vide Memo. No. SECTT./ PHE-10/97(E)Part-I/37, posting the petitioner as the Superintending Engineer, Sanitation State Coordinator SBMG, in modification of the earlier order of transfer, dated

30.05.2023, issued by the Secretary, PHE & WS, Government of Arunachal Pradesh, Itanagar, on 31.05.2023, cannot be upheld and the same requires interference by this Court.

¶23Accordingly, the order, dated 12.06.2023, issued by the Secretary, PHE & WS, Government of Arunachal Pradesh, Itanagar, on 13.06.2023, vide Memo No. SECTT./PHE-10/97(E)Part-I/37, insofar as the petitioner is sought to be posted as Superintending Engineer, Sanitation State Coordinator SBMG, in modification of the earlier order of transfer, dated 30.05.2023, issued by the Secretary, PHE&WS, Government of Arunachal Pradesh, Itanagar, on 31.05.2023, vide Memo. No. SECTT./PHE-10/97(E)Part-I/29, whereby, the petitioner has been posted as the Superintending Engineer, PHE & WS Circle, Pangin, stands interfered with.

¶24The writ petition is allowed to the extent indicated above and accordingly, stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/16 GAHC040008092023 IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH) ITANAGAR PERMANENT BENCH::: YUPIA WP(C)278(AP)2023 Shri Tuba Angu, aged about 52 years, presently serving as SE PHE & WS Circle, Pangin, Siang District, Arunachal Pradesh. ……Petitioner By Advocates: Mr. Dicky Panging Ms. Diana Tamuk Mr. Marge Doji Mr. Doge Lona Mr. Kirmar Ado -Versus- 1. The State of Arunachal Pradesh represented by the Secretary (PHE & WS), Government of Arunachal Pradesh, Itanagar. 2. The Secretary (PHE & WS), Government of Arunachal Pradesh, Itanagar. 3. The Under Secretary (PHE & WS), Government of Arunachal Pradesh, Itanagar. 4. Shri Oyuk Padung, SE PHE & WS Circle, Aalo(Bene), District West Siang, Arunachal Pradesh. 5. Shri Regam Bogo, presently under posting SE PHE & WS Circle, Aalo Bene, West Siang District, Arunachal Pradesh. …..Respondents Page No.# 2/16 By Advocates: Mr. Subu Tapin, Sr. Govt. Advocate Mr. Marto Kato Mr. Ojing Pada Mr. Nyali Sora Ms. Lipi Niri Ms. Mariam Likha :::BEFORE::: HON'BLE MR. JUSTICE NANI TAGIA Date of hearing : 12-09-2023 Date of Judgment & Order : 12-09-2023