The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) NO.26342 OF 2024 Anjali Pagal .... Petitioner Mr. B. Behera, Adv. State of Odisha & Others ..... -versus- Opp. Parties Mr. S.P. Das, ASC Mr. H.S. Panda, Adv.(for O.P. No.6) MR. JUSTICE BIRAJA PRASANNA SATAPATHY CORAM:
Decision
ORDER 23.12.2024 Order No.6 1. This matter is taken up through Hybrid Mode. 2. Mr. H.S. Panda, learned counsel contended that he has already entered appearance on behalf of Opp. Party No.6 on 20.12.2024. 3. Heard Mr. B. Behera, learned counsel appearing for the Petitioner, Mr. S.P. Das, learned Addl. Standing Counsel and Mr. H.S. Panda, learned counsel appearing on behalf of Opp. Party No.6. 4. The present Writ Petition has been filed inter alia with the following prayer: It is therefore prayed that this Hon’ble Court may graciously be pleased to:- i) Admit the writ application; ii) Call for the records; iii) Issue Rule NISI calling upon the opp.parties to show cause as to why the order dated 04.10.2024 of the Director, Elementary Education, Odisha in respect of the petitioner and the opp.party no.6 under Annexure- 7 shall not be quashed. iv) If the opp.parties do not show cause or show insufficient cause, issue a writ in the nature of Certiorari in quashing the impugned order dated 04.10.2024 of the Director, Elementary Education, Odisha under Annexure - 7 in respect of petitioner and opp.party no.6 only. 5. Learned counsel for the Petitioner contended that basing on the mutual consent given by the present Petitioner and Opp. Party No.6, vide order dt.07.08.2024, Petitioner was posted on transfer on mutual ground under D.E.O, Jajpur. Pursuant to such order passed by Opp. No.2 and further order passed by the D.E.O on 13.08.2024, vide order dt.20.08.2024 under Annexure-3, Petitioner was relieved to join in her new place of posting under D.E.O, Jajpur. 5.1. It is contended that on being relieved vide under Annexure-3, Petitioner submitted her joining before D.E.O, Jajpur and accordingly she was posted to Gambharia Govt. Primary School where she joined on 02.09.2024 as reflected in Annexure-5. It is also contended that subsequent to her joining at Gambharia Government Primary School on 02.09.2024 LPC was forwarded by the B.E.O, Hatadihi vide letter dt.19.09.2024 under Annexure-6. 5.2. It is contended that while continuing on such mutual transfer vis-(cid:224)-vis Opp. Party No.6 the impugned order dt.04.10.2024 under Annexure-7 was passed. Vide the said order, the mutual transfer passed on 07.08.2024 by Opp. Party No.2 was cancelled and Petitioner was again re- transferred to her earlier place of posting to Hatadihi Block of Keonjhar district. 5.3. It is contended that once an order of transfer is passed on mutual consent, after it compliance, there is no occasion on the part of Opp. Party No.2 to cancel the said order with passing of the impugned order under Annexure-7 and that too without giving due opportunity of hearing. It is however contended that by virtue of interim order passed by this Court on 30.10.2024, Petitioner is continuing in her place of transfer as on date. 6. Learned Addl. Standing Counsel on the other hand basing on the instruction contended that after passing of the mutual order of transfer of the petitioner vis-(cid:224)-vis Opp. Party No.6, when Opp. Party No.6 made a complaint that she is no more ready to go on mutual transfer, basing on such complaint made by Opp. Party No.6, the impugned order was passed on 04.10.2024 by cancelling the order of transfer allowed in favour of the Petitioner and Opp. Party No.6 vide office order dt.07.08.2024 of Opp. Party No.2 6.1. It is contended that since subsequent to the mutual order of transfer passed on 07.08.2024, Opp. Party No.6 raised objection to such mutual transfer, on his complaint, the order of transfer was cancelled vide order dt.04.10.2024 under Annexure-7. 7. Learned counsel appearing on behalf of Opp. Party No.6 also contended that basing on the mutual order of transfer passed on 07.08.2024, though Petitioner and Opp. Party No.6 joined in their respective place of transfer, but subsequently because of some compelling circumstances, she raised objection to such mutual transfer before Opp. Party No.2 and in consideration of the same, the mutual order of transfer passed on 07.08.2024 in respect of the present Petitioner and Opp. Party No.6 was cancelled vide the impugned order under Annexure-7. It is accordingly contended that since Opp. Party No.6 is not ready to go for mutual transfer, the impugned order has been rightly passed. 8. Having heard learned counsel for the parties and considering the submission made, this Court finds that basing on the mutual application submitted by the Petitioner and Opp. Party No.6, both were placed under transfer to their respective place, vide order dt.07.08.2024 of Opp. Party No.2. As found in terms of such order passed by Opp. Party No.2 on 07.08.2024 and subsequent order passed by the D.E.O, Keonjhar on 13.08.2024, petitioner was relieved vide office order dt.20.08.2024 under Annexure-3 to join under D.E.O, Jajpur. 8.1. As further found, after being relieved and on her joining under D.E.O, Jajpur, Petitioner was posted to Gambharia Govt. Primary School where she joined on 02.09.2024 as found from Annexure-5. Since basing on the mutual application submitted by the Petitioner and Opp. Party No.6, both were placed under transfer vide order dt.07.08.2024, as per the considered view of this Court after its implementation, no claim by Opp. Party No.6 could have been entertained by Opp. Party No.2 while cancelling the order of transfer so passed on 07.08.2024 vide the impugned order dt.04.10.2024 under Annexure-7. Therefore, this Court is inclined to quash order dt.04.10.2024 so passed by Opp. Party No.2 under Annexure- 7, so far as it relates to the present Petitioner and Opp. Party No.6. While quashing the impugned order, this Court allows the petitioner to continue in her place of transfer in Gambharia Primary School. 8.2. It is open for Opp. Party No.6 to file appropriate application for her re-posting to some other school in which this Court expresses no opinion. 8.3. Since it is contended that in spite of the interim order, petitioner is not allowed to discharge her duty in her place of transfer, the break period of service, if any, be regularized in accordance with law. The Writ Petition is accordingly disposed of. Signature Not Verified Digitally Signed Signed by: SANGITA PATRA Reason: authentication of order Location: high court of orissa, cuttack Date: 24-Dec-2024 11:46:34 sangita (Biraja Prasanna Satapathy) Judge