The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK Sri Arun Kumar Pattanaik W.P.(C) No.32055 of 2025 …. Petitioner
Legal Reasoning
Mr. K.K. Swain, Advocate -Versus- State of Odisha & Others …. Opposite Parties Mr. S.B. Mohanty, AGA CORAM: JUSTICE DIXIT KRISHNA SHRIPAD Order No. 01.
Decision
ORDER 13.11.2025 Petition prayer reads as under: “(A) a writ of mandamus or an appropriate writ may be issued directing the opposite parties more particularly to the Block Education Officer, Dharakote - opposite party No.4 to regularize the service period of the petitioner from 11.07.2025 to 25.09.2025 by releasing his monthly salary for the said period as he was illegally prevented to discharge his duties despite the interim order dated 17.07.2025 passed by this Hon'ble Court in I.A. No. 11789 of 2025 arising out of W.P.(C) No.19676 of 2025, within a time to be stipulated by this Hon'ble Court:” Petition is preceded by a representation dated 15.10.2025, a copy whereof avails at Annexure-8. The same is reproduced below: “Sir, With due respect, 1 beg to state the following few lines for your kind consideration and sympathetic orders: I being an erstwhile Education Volunteer under the E.G.S. and A.I.E. Scheme was engaged as Gana Sikshayak by virtue of engagement order No.2306 dated 12.06.2008 issued by the Collector-cum-Chief Executive Officer, Zilla Parishad, Ganjam in terms of the resolution dated 16.02.2008 issued by the Government of Odisha in School and Mass Education Department and I joined the said post on 17.06.2008. While continuing as such on completion of eight years of service in the capacity of Gana Sikshyak, I became Level-V Assistant Teacher (Ex-Cadre), which is equivalent to Level-V Teacher of the Elementary Cadre, with Page 1 of 4 effect from 01.03.2017 by virtue of office order No.13106 dated 30.12.2017 of the District Education Officer, Ganjam in terms of the notification dated 22.12.2016 issued by the Government of Odisha in School and Mass Education Department. In pursuance of the aforesaid order dated 30.12.2017, 1 was posted as Level-V Assistant Teacher (Ex-Cadre) in Nodal Upper Primary School, Manikyapur under Dharakote Block in the district of Ganjam. While continuing as such, the District Education Officer, Ganjam vide his order No.12261 dated 10.07.2025 transferred me from Nodal Upper Primary Schoool, Manikyapur under Dharakote Block to Kaithagudi Upper Primary School under Surada Block. It may be stated here that the Government of Odisha in School and Mass Education Department has issued notification No.13453 dated 14.05.2025 relating to the guidelines for Inter- District Transfer and Mutual Transfer / Intra-District Transfer / Rationalization of Headmasters / Asst. Teachers (Ex-Cadre) / Junior Teachers / Junior Teachers (Schematic) and Gana Sikshyaks of Government Elementary Schools in the State. Clause- 2A (g) of the said notification dated 14.05.2025 provides that Junior Teachers (Schematic), Junior Teachers, Assistant Teacher (Ex-cadre) and Gana Sikshyaks shall not be considered for transfer except on mutual ground. I challenged the order dated 10.07.2025 issued by the District Education Officer, Ganjam by filing writ petition bearing W.P.(C) No. 19676 of 2025 on the ground that in view of Clause-2A (g) of the said notification dated 14.05.2025 issued by the Government of Odisha in School and Mass Education Department, Bhubaneswar, I being a Level-V Assistant Teacher (Ex-Cadre) and having not made any application for my transfer either on mutual ground or any other ground, 1 am not liable for transfer. The Hon'ble High Court of Orissa vide order dated 17.07.2025 while directing the learned Additional Government Advocate to obtain instruction in the matter passed an interim order to the effect that no coercive action be taken against me pursuant to Annexure:2 of the said writ petition. Ultimately the aforesaid writ petition bearing W.P.(C) No. 19676 of 2025 was disposed of vide order dated 23.07.2025 permitting me to move the Director, Elementary Education, Odisha, Bhubaneswar seeking cancellation of the order of transfer passed on 10.07.2025 under Annexure:3 to the said writ petition and further observed that if any such application will be moved before the Director, Elementary Education, Odisha, Bhubaneswar on or before 30.07.2025, he shall take a lawful decision in the matter on or before 08.08.2025 and further directed that till 11.08.2025 status quo as on date with regard to my continuance be maintained. Pursuant to the aforesaid order dated 23.07.2025 passed by the Hon'ble High Court of Orissa in W.P.(C) No. 19676 of 2025, 1 made a representation / appeal to the Director, Elementary Education, Odisha, Bhubaneswar. On receipt of my Page 2 of 4 representation / appeal, the Director, Elementary Education, Odisha, Bhubaneswar vide his office order No.14549 dated 08.08.2025 directed the District Education Officer, Ganjam to post me in any nearby School. Pursuant to the order dated 08.08.2025 issued by the Director, Elementary Education, Odisha, Bhubaneswar, the District Education Officer, Ganjam vide his office order No. 18890 dated 25.09.2025 posted me in Government Upgraded High School, Haripur under Dharakote Block. Pursuant to the order dated 25.09.2025 issued by the District Education Officer, Ganjam, the Block Education Officer, Dharakote relived me from Nodal Upper Primary School, Manikyapur in order to join in my new place of posting i.e. Government Upgraded High School, Haripur under Dharakote Block. Accordingly, 1 joined in Government Upgraded High School, Haripur under Dharakote Block on 26.09.2025 and since then I have been discharging my duties as Level-V Assistant Teacher (Ex-Cadre) in the said School. It is humbly stated that although the Hon'ble High Court of Orissa passed an interim order on 17.07.2025 in I.A. No. 11789 of 2025 arising out of W.P.(C) No. 19676 of 2025, the Block Education Officer, Dharakote did not allow me to discharge my duties for the period from 11.07.2025 to 25.09.2025 and as a result of which I could not get my salary for the said period nor even after my joining in the new School i.e. in Government Upgraded High School, Haripur the said period has not yet been regularized. Therefore, in this view of the matter, 1 pray your good self to kindly direct the Block Education Officer, Dharakote to regularize my service period from 11.07.2025 to 25.09.2025 by releasing my monthly salary for the said period as I was illegally prevented to discharge his duties despite the interim order dated 17.07.2025 passed by the Hon'ble High Court of Orissa in I.A. No. 11789 of 2025 arising out of W.P.(C) No. 19676 of 2025, and for which act of your kindness, I shall be highly obliged.” 2. Learned counsel for the Petitioner submits and learned AGA- Mr. Mohanty appearing for the OPs does not much dispute that the subject representation cannot be kept eternally pending and therefore, a decision has to be taken by OP No.2 within a reasonable time. Learned AGA-Mr. Moahnty caveats that all contentions of the parties be kept open. With this proposal, counsel for the Petitioner is agreeable. Page 3 of 4 In the above circumstances, writ petition is disposed off. Time for consideration of the subject representation and informing result of such consideration to the Petitioner in writing is eight weeks. All contentions are kept open. Now, no costs. Web copy of this order to be acted upon by all concerned. ( Dixit Krishna Shripad ) Judge Madhusmita Signature Not Verified Digitally Signed Signed by: MADHUSMITA MALLICK Designation: Jr. Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 14-Nov-2025 10:07:02 Page 4 of 4