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Orissa High CourtWP(C)/9166/2022disposed off

Maheswar Sahoo v. State Of Odisha

2022-04-13Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.9166 of 2022 Maheswar Sahoo ....

Petitioner Ms. B.K.Pattanaik, Advocate -versusState of Odisha & others ....

Opp.Parties Mr.Y.S.P.Babu, A.G.A.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

13.04.2022 01.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the Petitioner.

3.

The only grievance of the Petitioner is that he has been transferred from ESI Hospital, Choudwar to ESI Dispensary, CISF Colony, Rourkela vide Order dated 08.04.2022. 4.

It is submitted by the learned counsel for the Petitioner that the Petitioner is left with 13 months to service and the authority in an arbitrary and illegal manner has transferred the Petitioner during the fag end of his service in violation of guidelines issued by the Government regulating the transfer. It is further submitted by the learned counsel for the Petitioner that highlighting his grievance the Petitioner has filed a representation before the Director of Employees State Insurance Scheme, Odisha, Opposite Party No.2 on 09.04.2022. It is stated that the same is pending before the authority. 5.

Considering the aforesaid submissions, this Court disposes of

// 2 // the writ application at the stage of admission directing the Opposite Party No.2 to consider the representation of the Petitioner strictly in accordance with law within a period of four weeks from today. The Opposite Party No.2 is further directed to consider the same in accordance with guidelines of the Government regulating the transfer and shall dispose of the same by passing a speaking and reasoned order. It is further directed that till a decision is taken on the representation of the Petitioner, the transfer order dated 08.04.2022 (Annexure-1) shall not be given effect to 6.

However, this Court has not expressed any opinion on the merits of the case.

7.

With the aforesaid observation the writ application stands disposed of.

8.

Issue urgent certified copy as per Rules.

RKS ( A.K. Mohapatra ) Judge