The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.22311 of 2023 Saktiswar Mugri …. Petitioner Mr. B.K. Panda, Adv. Mr. D. Kar, Adv. On behalf of Mr. Trilochan Nanda, Adv. -versus- State of Odisha and Ors. …. Opposite Parties Mr. Sailaza Nandan Das, Adv. CORAM: DR. JUSTICE S.K. PANIGRAHI Order No. 04.
Decision
ORDER 25.09.2023 1. This matter is taken up through hybrid arrangement. 2. In this Writ Petition, the Petitioner who is serving as Gram Rozgar Sevak (GRS) challenges the order No.3278 dated 13.07.2023 passed by the Opposite Party No.2/Collector, Bolangir wherein he has been transferred from Surda Gram Panchayat under Titilagarh Block to Tentulikhunti Gram Panchayat under Gudvella Block in the district of Bolangir. 3. Heard learned counsel for the Parties. Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 26-Sep-2023 17:22:34 Page 1 of 6 // 2 // 4. Fact of the case is that the Petitioner being selected through due procedure of selection engaged as Gram Rozgar Sevak (GRS) in the year 2008 in Kholan Gram Panchayat under Titilagarh Block in the district of Bolangir. The Petitioner joined as GRS in Kholan Gram Panchaya on 15.04.2008 and on the same day he executed an agreement with the Sarpanch, Kholan Gram Panchayat. However, in the year 2017, the Petitioner was transferred to Parasara Gram Panchayat under Titilagarh Block and he was also given additional charge of Surda Gram Panchayat. In the year 2019, the Petitioner was again posted as GRS of Surda Gram Panchayat only and in May, 2022 he was given the additional charge of Kholan Gram Panchayat. Presently, the Petitioner is serving as GRS of Surda Gram Panchayat with additional charge of Kholan Gram Panchayat under Titilagarh Block in the district of Bolangir. 5. The Petitioner has been discharging his duties and responsibilities as GRS to the best of his capacities and ability and to the satisfaction of all concerned. When the matter stood thus, vide the impugned order dated 13.07.2023 passed by the Collector, Bolangir, the Petitioner has again been transferred to Tentulikhunti Signature Not Verified Gram Panchayat under Gudvella Block in the district of Page 2 of 6 Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 26-Sep-2023 17:22:34 // 3 // Bolangir which is near about 110 to 120 Kms. away from Surda Gram Panchayat. Hence, this Writ Petition. 6. Learned counsel for the Petitioner submits that the Commissioner- Cum- Secretary, Panchayati Raj Department came out with order No.8409 dated 21.03.2013 addressing all Collectors and P.Ds, DRDA empowering them to transfer the GRS from one G.P to another within the specific Block and under special circumstances, the Collector may consider the transfer of GRS on representation (in case of vacancy) from one block to other within the district. It was further stated therein that no transfer allowance shall be allowed in such case. He further submits that the Panchayati Raj and Drinking Water Department, Government of Odisha has also issued office order No.18431 dated 17.10.2019 to the effect that in order to streamline the administration and to bring transparency and accountability, the Gram Rozgar Sevaks who have already spent five years in a particular Gram Panchayat should be transferred to another Gram Panchayat and no GRS would be posted or allowed to work in his or her own Gram Panchayat. 7. It is argued that the Petitioner has been engaged on contractual basis for a particular Gram Panchayat with Signature Not Verified fixation of headquarter in a particular place. Moreover, Page 3 of 6 Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 26-Sep-2023 17:22:34 // 4 // the order of transfer will cause financial loss, physical hardship and mental agony. It will affect the right to livelihood of the Petitioner. Therefore, he submits that the impugned order passed by the Opposite Party No.2/Collector, Bolangir may be quashed and the Petitioner may be allowed to serve as GRS in his present place of posting. 8. Learned counsel for the State brings to the notice of the Court to the order dated 25.08.2023 passed by the Principal Secretary, Panchayati Raj & D.W. Department, Government of Odisha and submits that if the Petitioner approaches the Opposite Party No.2/Collector, Bolangir, his grievance shall be redressed in terms of the aforementioned order of the Government. 9. It appears that during pendency of this Writ Petition, the order dated 25.08.2023 has been passed by the Principal Secretary, Panchayati Raj & D.W. Department, Government of Odisha which is quoted as follows: “ xx xx xx No. PR-NREG-ESTT-0017-2019 Date: 25. 08. 2023 ORDER Pursuant to Section 18 of the Mahatma Gandhi National Rural Employment Guarantee Act, 2005, Government has been pleased to insert the the "Transfer" following paragraphs under provision of the "Comprehensive Guidelines for Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 26-Sep-2023 17:22:34 Page 4 of 6 // 5 // Selection & Engagement of Gram Rozgar Sevak this (GRS) under MGNREGS" Department order No. 6681 dated 06.04.2018 as well as this issued vide the Guidelines Department Order No. 7693 dated 29.04.2021. Issued vide in “Provided that, subject to vacancy, as far as practicable the Gram Rozgar Sevak should be transferred within the same Block (Panchayat Samiti), unless some compelling circumstances dictate the situation. No Authority, other than the Collector- cum-CEO, Zilla Parishad, shall issue a transfer order of the GRS. Routine transfers of the GRS shall be carried out during the summer vacation of an educational year." This order is given effect to immediately. Sd/-Principal Secretary to Government Xx xx xx” 10. Considering the submissions of the learned counsel for the Parties and the fact that the Petitioner has been engaged on contractual basis and he is getting low salary, this Court is of the view that the transfer of the Petitioner would likely affect him financially and physically. 11. In such view of the matter, the Opposite Party No.2/ Collector, Bolangir is directed to have a fresh look on the matter and, accordingly, effect transfer and posting of the GRS in the light of the order dated 25.08.2023 passed by Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 26-Sep-2023 17:22:34 Page 5 of 6 // 6 // the Principal Secretary, Panchayati Raj & D.W. Department, Government of Odisha. 12. This Writ Petition is, accordingly, disposed of. Judge ( Dr. S.K. Panigrahi) B.Jhankar Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 26-Sep-2023 17:22:34 Page 6 of 6