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Orissa High CourtWP(C)/2567/2022disposed off

Meenaketan Nadupuru v. State Of Odisha

2022-02-07Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.2567 of 2022 Meenaketan Nadupuru ....

Petitioner Mr.S.K.Dash, Advocate -versusState of Odisha and others ....

Opposite Parties Mr. S.Jena, Standing Counsel S. & M.E.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

07.02.2022 01.

1.

This matter is taken up through Hybrid arrangement (virtual/physical mode).

2.

Heard learned counsel for the parties.

3.

Challenging the order dated 10th January, 2022 transferring the Petitioner from Parlakhemundi Block to Mohana Block, the Petitioner has approached this Court by filing the present writ application.

4.

Learned counsel for the Petitioner submits that the transfer order is illegal, arbitrary and discriminatory. 5.

Mr.Jena, learned Standing Counsel for School & Mass Education department submits that in view of the Government Circular dated 04.10.2018 under Clause-5, there is a provision of appeal, the Petitioner should approach the appellate authority i.e., the Director, Elementary Education.

// 2 // 6.

In such view of the matter, the writ application is disposed of with a direction to the Petitioner to file an appeal within a period of one week from today before the Director, Elementary Education, Odisha, Opposite Party No.2 stating therein to consider his grievance. In the event such an appeal is filed within the aforesaid period, the same shall be considered and disposed of by a reasoned and speaking order within a period of two weeks. The decision so taken on the representation of the Petitioner shall be communicated to the Petitioner within a period of one week thereafter. 7.

It is open for the Petitioner to file an interim application before the appellate authority for grant of interim order. As an interim, if the Petitioner has not been relieved in the meantime, he shall not be relieved till the appellate authority takes a decision in the interim application filed by the Petitioner.

8.

With the aforesaid observation, the writ application stands disposed of.

9.

Issue urgent certified copy.

( A.K. Mohapatra) Judge RKS