Prabhati @ Parbati Rani Tripathy v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 20275 of 2022 Prabhati @ Parbati Rani Tripathy ....

Petitioner -versusState of Odisha & Ors.

....

Opposite Parties

CORAM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

22.08.2022

01. 1. This matter is taken up through Hybrid Arrangement Order No (Virtual/Physical) Mode.

2. Heard Mr. D.R. Bhokta, learned counsel for the Petitioner and Mr. Ch. S. Mishra, learned AGA appearing for the State-Opp. Parties.

3. Challenging the earlier order of transfer passed on 22.06.2022 under Annexure-3 the Petitioner approached this Court in W.P.(C) No.15922 of 2022. This Court vide order dtd.30.06.2022 while permitting the Petitioner to file a fresh representation before O.P. No. 1 and for its consideration passed an interim order that the said order shall not be given effect to till a decision is taken.

4. It is submitted that pursuant to the said order though the Petitioner made a representation before O.P. No. 1, but without considering the same she has again been put under transfer vide order dtd.06.08.2022 under Annexure-5. It is also submitted that in the earlier order of transfer the Petitioner was transferred from Jeypore to Koraput and the Petitioner challenged the same as the

// 2 // Petitioner is unable to work in such a place by traveling the distance on each and everyday.

5. It is submitted that while reconsidering the matter the Petitioner has been put under transfer, which is more than 150 k.m. from the present place of posting. On being asked by this Court learned counsel for the Petitioner submitted that the Petitioner is now ready and willing to join at Koraput in terms of the earlier order passed on 22.06.2022. This Court also finds from the impugned order dtd.06.08.2022 that the present place of posting of the Petitioner has been shown at Koraput.

6. Therefore, this Court while disposing he writ Petition directs O.P. No. 1 to allow the Petitioner to continue in his present place of posting i.e. ICDS Project, Koraput. Necessary orders be passed to that effect by O.P. No. 1 within a period of 10 days from today. The Petitioner is directed to file copy of this order from the said O.P. within a period of three (3) days from the date of receipt of this Order. Till a fresh order is issued, no coercive action be taken against the Petitioner.

7. The writ Petition is disposed of with the aforesaid observation and directions.

(Biraja Prasanna Satapathy) Judge Sneha