Santoshi Jal v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 14666 of 2022 Santoshi Jal ....
Petitioner Mr. S.K. Joshi, Advocate -versusState of Odisha and others ....
Opposite Parties Mr. B. Panigrahi, ASC CORAM: JUSTICE V. NARASINGH
ORDER
13.07.2022 Order No.
05.
1.
This matter is taken up through hybrid mode.
2.
Learned counsel for the petitioner and learned counsel for the State.
3.
It is submitted that the petitioner was working as Gram Rozgar Sevak (GRS) in Khaira Gram Panchayat under the administrative control of Opposite Party No.4 BDO of Bangomunda Panchayat Samiti. It is submitted that assailing the transfer from Khaira Gram Panchayat to Gandharbandh Gram Panchayat under Block inter alia on the ground that such order of transferred was recovered without authority.
4.
Taking note of the submission of the petitioner, this Court by order dated 10.01.2018 had directed that status quo in respect of petitioners posting as GRS shall be maintained till the outcome to Writ Appeal No.402 of 2017.
5.
Learned counsel for the petitioner submits that Writ Appeal No.402 of 2017 is pending consideration regarding the power of the B.D.O to order transfer of GRS it is contended that the the exercise of
power by BDO is dehorse the schematic arrangement of the scheme and in consideration of the contention raised therein the Division Bench has granted stay of the order of transfer impugned therein. 6.
It is submitted that notwithstanding the order passed earlier by this Court in W.P.(C) No.412 of 2018 and the pendency of Writ Appeal the petitioner has been transferred by virtue of the order dated 08.06.2022 passed by the BDO Bangomunda Panchayat Samiti. It is apt to note here though BDO Bangomunda Panchayat Samiti has been arrayed as Opposite Party No.4, in the prayer as well as in the index wrongly described as Opposite Party No.3.
7.
Name of the petitioner appears at Serial No.10 of the office order dated 08.06.2022 passed by the Opposite Party No.4 (B.D.O). 8.
Keeping in view the earlier direction passed by this Court and the orders passed in W.A. No.402 of 2017, it is directed that status quo in respect of the petitioners posting shall be maintained till the disposal of W.A. No.402 of 2017 vis-à-vis the petitioner. 9.
The Writ Petition accordingly stands disposed of. 10.
Urgent certified copy of this order be granted as per rules. (V. NARASINGH) Judge Santoshi