The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.16408 of 2022 Sujit Kumar Nayak …. Petitioner Mr. R. Roy, Advocate -versus- State of Odisha and Others …. Opp. Parties Mr. M.R. Mohanty, AGA CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY Order No 06. 1. This matter is taken up through Hybrid
Decision
ORDER 26.11.2025 Arrangement (Virtual/Physical) Mode. 2. Heard learned counsel for the parties. 3. The present Writ Petition has been filed inter alia challenging order dated 29.06.2022 so issued under Annexure-1 by Opp. Party No.2. 4. It is the main contention of the learned counsel for the petitioner that since petitioner is continuing in a post which is a district cadre post, he cannot be put under transfer to another district in terms of the impugned order dated 29.06.2022. 4.1. It is also contended that considering the stand taken in the Writ Petition, this Court passed an interim order on // 2 // 13.07.2022 by staying the operation of order dated 30.06.2022, as petitioner stands relieved from his duty on 30.06.2022 in terms of the impugned order dated 29.06.2022 under Annexure-2. 4.2. It is also contended that on the face of such interim order passed by this Court on 13.07.2022 and modified order dated 24.08.2022, petitioner was never allowed to discharge his duty in the establishment of Opp. Party No.3. It is accordingly contended that since petitioner is continuing in a post which is a district cadre post, impugned order of transfer is not sustainable in the eye of law and it requires interference of this Court. It is also contended that no one has been posted as yet in place of petitioner and by the time this Court passed the order on 24.08.2022, petitioner had not handed over the charge. 5. Learned Addl. Govt. Advocate on the other hand placing reliance on the provisions contained under the Odisha Ministerial Services (Method of Recruitment and Conditions of Service of Junior Assistants, Senior Assistants and Section Officers in the District Office and offices Sub-ordinate thereto) Rules, 2019, contended that as provided under Sub-Rule-9 of Rule-6 of the said Rules, such an employee can be put under transfer on administrative reason or in public interest. Sub-Rule-9 of Rule-6 of the Rules reads as follows:- “(9) Once appointed in the post in a District Office, a candidate shall not be transferred outside the jurisdiction of Page 2 of 6 // 3 // his appointing authority, except for administrative reasons or in public interest. 5.1. Learned Addl. Govt. Advocate accordingly contended that since petitioner has already continued at Keonjhar for the last 23 years and a proceeding has been initiated against him, in public interest and in terms of Sub-Rule-9 of Rule-6 of the Rules, petitioner was put under transfer vide order dated 29.06.2022. It is also contended that since by the time this Court passed an interim order on 13.07.2022, petitioner had already been relieved vide order dated 30.06.2022 under Annexure-2, petitioner was not allowed to discharge his duty at Keonjhar. 6. Considering the stand taken in the counter affidavit, when this Court take a view that petitioner is required to join in his place of transfer in terms of order dated 29.06.2022 and a contention was raised that petitioner will lose his seniority if he joins on transfer in the district of Dhenkanal, this Court directed learned Addl. Govt. Advocate to obtain instruction on the same. 6.1. Pursuant to such order of this Court learned Addl. Govt. Advocate produced the instruction so provided by Opp. Party No.2 vide letter dated 19.11.2025. Instruction so provided be kept in rcord. 6.2. Basing on the instruction, learned Addl. Govt. Advocate contended that on his joining in the office of Asst. Auditor General of Cooperative Societies, Dhenkanal Audit Circle, Dhenkanal-Opp. Party No.4, petitioner will Page 3 of 6 // 4 // not lose his seniority in the rank of Senior Assistant. It is also contended that in the gradation list issued vide order No.4724 dated 12.08.2025 of the Directorate of Cooperative Audit, Odisha, Bhubaneswar, petitioner is placed at Sl. No.1 in the rank of Senior Assistant and such position will be maintained, even if petitioner joins at Dhenkanal in terms of order dated 29.06.2022. Instruction provided to this Court reads as follows:- “The present gradation list issued vide Order No.4724 dated 12.08.2025 of Directorate of Cooperative Audit, Odisha, Bhubaneswar shows that the petitioner is placed at serial No.1 among the Senior Assistant. The copies of the promotion order and the gradation list are annexed herewith as Annexure-2 and 3. It clearly shows that the seniority of the petitioner will be the same and never be affected if he joins in the O/O- Assistant Auditor General of Cooperative Societies, Dhenkanal Audit Circle, Dhenkanal.” 7. Considering the instruction so provided, learned counsel for the petitioner contended that this Court can pass appropriate order in the matter. 8. Having heard learned counsel for the parties and considering the submissions made, it is found that petitioner vide the impugned order dated 29.06.2022 under Annexure-1, was put under transfer to the office of Opp. Party No.4. Subsequently vide order dated 30.06.2022 under Annexure-2, petitioner was relieved of his duty from the office of Opp. Party No.3. However, this Court passed an interim order on 13.07.2022 by staying the operation of order dated 30.06.2022. Subsequently, vide order dated 24.08.2022, this Court observed that if the petitioner has not handed over the charges, petitioner Page 4 of 6 // 5 // be permitted to work in the establishment of Opp. Party No.3. 8.1. However, on the face of such orders passed by this Court on 13.07.2022 and 24.08.2022, petitioner was not been allowed to discharge his duty in the office of Opp. Party No.3. This Court taking into account the provisions contained under Sub-Rule-9 of Rule-6 of the Rules and the instruction provided to this Court today, while is not inclined to interfere with the impugned order dated 29.06.2022 so passed under Annexure-1, permits the petitioner to join in the establishment of Opp. Party No.4 in terms of the said order. 8.2. This Court directs the petitioner to submit his joining report before Opp. Party No.4 on or before 06.12.2025. On his joining within the aforesaid time period, Opp. Party No.4 is directed to accept his joining report and allow the petitioner to continue in his post. 8.3. However, considering the instruction provided, this Court observe that Seniority of the petitioner will be maintained in the rank of Senior Assistant as it is in the Final Gradation List issued on 11.08.2025. The break period of service be regularized in accordance with law within a period of 3 (three) months from the date of his joining in the establishment of Opp. Party No.4. 8.4. However, taking into account the nature of interim order passed by this Court on 13.07.2022 and 24.08.2022 Page 5 of 6 // 6 // and the fact that petitioner was not allowed to discharge his duty even though nobody has been posted in his place as yet, this Court held the petitioner entitled to get 50% of the salary for the period petitioner remained out of employment because of illegal action of Opp. Party No.3 in not allowing the petitioner to discharge his duty. Such arrear entitlement be calculated and released within the aforesaid period of 3 (three) months. 9. The Writ Petition stands disposed of with the aforesaid observation and direction. (Biraja Prasanna Satapathy) Judge Basudev Signature Not Verified Digitally Signed Signed by: BASUDEV SWAIN Reason: Authentication Location: High Court of Orissa, Cuttack Date: 28-Nov-2025 17:54:30 Page 6 of 6