Jumnya Angu v. The State of Ap and 4 Ors

ORDER Date : 28-07-2023 Heard Mr. Adam Tatak, learned counsel for the petitioner.

Also heard Mr. Gimi Tarak, learned standing counsel, Rural Works Department, Government of Arunachal Pradesh, appearing on behalf of Respondents No. 1 to 4.

This writ petition is directed against the order, dated 19.07.2023, issued on

24.07.2023, by the Secretary, Rural Works Department, Government of Arunachal Pradesh, Itanagar, vide Memo. No. RWD-11015/02/2021-RWD(Part), whereby, the petitioner who is an Executive Engineer, Rural Works Department Aalo Division, has been transferred and posted as Executive Engineer(Headquarter), in the office of the Chief Engineer(Coord.), Government of Arunachal Pradesh, Itanagar, and in his place, the private respondent No. 5 has been brought in.

The petitioner was posted as Executive Engineer, Rural Works Department Aalo Division, on 08.06.2021, pursuant to which, he took charge of the Office of the Page No.# 3/4 Executive Engineer, Rural Works Department Aalo Division, in the month of July, 2021, and thus, he has completed the normal tenure of 2 years of posting at Aalo. The only contention raised by the petitioner is that the private respondent No. 5 was posted as an Executive Engineer (Headquarter), in the Office of the Chief Engineer(Coord.), Government of Arunachal Pradesh, Itanagar, only on 25th March, 2023, and therefore, the impugned order, dated 19.07.2023, has been issued by the Secretary, Rural Works Department, Government of Arunachal Pradesh, Itanagar, vide Memo. No. RWD-11015/02/2021-RWD(Part), solely to accommodate the Respondent No. 5.

Since the writ petitioner has completed his normal tenure of 2 years of posting at Aalo Rural Works Department Division, as an Executive Engineer; I am, therefore, not inclined to interfere with the impugned order, dated 19.07.2023, issued on

24.07.2023, by the Secretary, Rural Works Department, Government of Arunachal Pradesh, Itanagar, vide Memo. No. RWD-11015/02/2021-RWD(Part).

However, the petitioner also states to have submitted as many as 3(three) representations; one, dated 19.07.2023, and other, dated 25.07.2023, submitted to the Secretary, Rural Works Department, Government of Arunachal Pradesh, Itanagar, as well as another, representation, dated 26.07.2023, submitted to the Superintending Engineer, Rural Works Circle, Pasighat, East Siang District, Arunachal Pradesh.

As various representations are stated to have been submitted by the petitioner before two different authorities, as noted-above; the petitioner, is, therefore, at liberty to submit an appropriate representation, highlighting his grievances to the appropriate and competent authority for redressal. As and when such a representation is submitted by the petitioner; the authority before whom it is submitted, shall consider and dispose of, in accordance with law, within a period of 2(two) weeks. Page No.# 4/4

With the above directions, the writ petition stands disposed of at the motion stage itself.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC040010072023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/347/2023 Jumnya Angu S/o Lt. Rejum Angu, Permanent Resident of Yoji Yora Village, PO Aalo, PS Aalo, District West Siang District, Arunachal Pradesh and Presently working as Executive Engineer at RWD, Aalo Division, West Siang District, Arunachal Pradesh. Cont. No. 919862208146 VERSUS THE STATE OF AP and 4 Ors. Represented by the Secretary, Rural Works Department, Govt. of Arunachal Pradesh, Civil Secretariat, Itanagar, Arunachal Pradesh. 2:the Under Secretary, Rural Works Department, Itanagar, Govt. of Arunachal Pradesh. Age: 0 Occupation : 3:the Chief Engineer (EZ/Co-ordn/PMGSY) Rural Works Department, Itanagar. Age: 0 Occupation : 4:the Superintending Engineer, Rural Works Circle, Pasighat, East Siang District, Arunachal Pradesh Age: 0 Occupation : Page No.# 2/4 5:Gambi Karbak, Executive Engineer, RWD Ziro Division, Ziro, Lower Subansiri District, Arunachal Pradesh. Age: 0 Occupation Advocate for the Petitioner : Adam Tatak, Tsering Gyatso, Bomnya Kamdak Advocate for the Respondent : Gimi Tarak, SC (RWD) BEFORE HONBLE MR. JUSTICE NANI TAGIA