Principal Secy.To Govt. v. Manoj Ku.Panda

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P (C) No.7935 of 2016 Principal Secretary to Govt. of Odisha and another .....

Petitioners Mr. A.K.Mishra, AGA Vs.

Manoj Kumar Panda .....

Opposite Party Mr. S.R.Pati, Advocate on behalf of Mr. R.D.Acharya, Advocate

CORAM:

DR. JUSTICE B.R. SARANGI MISS JUSTICE SAVITRI RATHO

ORDER

18.04.2022 Order No.

06.

This matter is taken up through hybrid mode.

2. Heard Mr.A.K.Mishra, learned Addl. Government Advocate and Mr.S.R.Pati, learned counsel on behalf of Mr. R.D.Acharya, learned counsel for the opp. party.

3.

The petitioners-State have filed this writ petition challenging the order dated 05.01.2016 passed by the Orissa Administrative Tribunal, Bhubaneswar in O.A.No.2641 of 2015, by which the tribunal quashed the decision of the Government dated 07.10.2015 deploying the opp. party from Paradip Zone to State Level Facilitation Cell, IPICOL and accordingly quashed the transfer and posting and consequential orders therein in favour of respondent No.3 to O.A.. The tribunal further made it clear that the government is at liberty to take a decision to deploy a Deputy Director, Factories and Boilers to State Level Facilitation Cell, IPICOL so also they are at liberty to take any decision to transfer the present opp. party No.1 and respondent No.3 to the O.A. keeping in view their administrative requirement and exigency of administration. 4.

Learned counsel for the opp. party No.1 contended that in the meantime, the opp. party No.1 has already promoted to the post of

Deputy Director and also eligible to hold the post of Deputy Director, Factories and Boilers to State Level Facilitation Cell, IPICOL.

5.

In view of such development, this Court disposes of the writ petition directing the State authorities to pass appropriate orders in accordance with law. The order of the tribunal is modified to the above extent.

6.

Issue urgent certified copy as per rules.

Arun/Bichi (DR. B.R. SARANGI) JUDGE (SAVITRI RATHO) JUDGE