ER. KIPA RINIA Vs. STATE OF ARUNACHAL PRADESH REPRESENTED
HIGH COURT OF GAUHATI
Er. Kipa Rinia
State Of Arunachal Pradesh Represented
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MANASH RANJAN PATHAK,J. -
(1.) Heard Mr. Dilip Mazumdar, learned senior counsel assisted by Mr. Kipa Posi, learned counsel appearing for the petitioner. Also heard Mr. R.H. Nabam, learned Additional Advocate General of the State, for respondent Nos. 1 to 4 and Mr. Ninnong Ratan, learned counsel for the respondent No. 5.
(2.) The Secretary to the Government of Arunachal Pradesh in the Rural Works Department (RWD, in short) by Order No. SRWD-15/2004(PT) dated 26.04.2018 (Annexure-10 to the writ petition), modified his earlier Order No. SRWD-166/2017 dated 12.01.2018 (Annexure-1 to the writ petition) as well as the Order No. SRWD-15/2004(PT) dated 21.02.2018 (Annexure-4 to the writ petition) and retained the respondent No. 5 as the Executive Engineer of RWD Poma Division, Yupia with immediate effect, reposting the petitioner, Executive Engineer, RWD Poma Division, Yupia to the Office of the Chief Engineer, RWD (Planning and Design) Itanagar, until further order.
(3.) Being aggrieved with said action of the respondents in the RWD, the petitioner has preferred this writ petition stating that the impugned order dated 26.04.2018 (Annexure-10 to the writ petition) of the State Respondents in the RWD, re-posting him in the Office of the Chief Engineer, RWD (P&D) at Itanagar has been issued on extraneous consideration only to accommodate the respondent No. 5, inspite of the fact that the said respondent has already completed the tenure of posting as an Executive Engineer at RWD Poma Division, Yupia and whereas, as per the Orders dated 12.01.2018 and 21.02.2018 of the respondents in the RWD, the petitioner has already joined as Executive Engineer of RWD Poma Division, Yupia on 02.04.2018 and taken over the ex-parte charge of the said post on 06.04.2018 with due knowledge of the said respondents;
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