Sk. Jakir Hosen v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No. 16153 of 2022 Sk. Jakir Hosen ....
Petitioner Mr. Bijaya Kumar Behera 1, Adv.
-versusState of Odisha & Ors.
....
Opposite Parties Mr. Debasis Mohapatra, SC
CORAM:
MR. JUSTICE S.K. PANIGRAHI Order No.
ORDER
30.06.2022 01.
1. This matter is taken up through hybrid arrangement.
2. The petitioner has filed this writ petition challenging the illegal and arbitrary order passed on 04.05.2022 and the letter issued on 17.06.2022 by the Block Education Officer, Bari as per the order dated 22.04.2022 of the District Education Officer, Jajpur.
3. Learned counsel for the petitioner submitted that while the petitioner was working as Assistant Teacher in Malati U.G.M.E. School, Arilo under Bari B.E.O. in pursuance of the order No.4127 dated 22.04.2022 of the District Education Officer, Jajpur, he was transferred to
// 2 // Bandhapada Primary School on deputation basis vide office order No. 475 dated 04.05.2022 under Annexure-2 which is 25 Kilometres away across the river and 70 kilometres on the road. It is needless to say that the petitioner is differently abled with 40% disability as explicit from the Identity Card issued by the Govt. of India under Annexure-3 Series. Prior to such transfer, he has also been transferred to different places several time. Despite submission of application ventilating his grievances before the opposite party Nos. 3 and 4, they are not taking any steps in this regard.
4. From the above facts, it is revealed that the frequent transfer of the petitioner to a far-off place, may cause physical and mental hardship.
5. Having heard learned counsel for the parties and considering the submissions made, this Court disposes of this writ petition with a direction to the opposite party No.4 to not to disturb the present petitioner from the present place of posting or if at all any administrative exigency is warranted, he will be posted within five kilometers from the place of posting.
// 3 //
6. With the aforesaid observation, the Writ Petition is accordingly, disposed of.
7. Issue urgent certified copy of the order as per Rules. ( S.K. Panigrahi) Judge LB