Smita Patra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.27199 of 2022 Smita Patra ....

Petitioner Mr. Bhakta Ranjan Barik, Adv..

-versusState of Odisha and Ors.

....

Opposite Parties Mr. B.A. Prusty, SC (for S & ME Deptt.)

CORAM:

DR. JUSTICE S.K. PANIGRAHI Order No.

ORDER

19.10.2022 01.

1. This matter is taken up through hybrid arrangement.

2. Heard.

3. Learned counsel for the Petitioner submits that the Petitioner promoted from Junior SES to the post of Senior SES. She has been posted as Headmistress in Ekamania Government U.G.U.P. School, Dasipur Block, in the district of Kendrapara vide order No.22437 dated 09.09.2022 issued by the Opposite Party No.2/ Director, Secondary Education, Odisha, Bhubaneswar. Grievance of the Petitioner is that her husband is serving as Pharmacist in C.H.C., Berhampur, Athagarh, in the district of Cuttack. They have a small girl child of 4 years old. Her old parents-in-laws need constant care and

// 2 // medical treatment. Hence, her transfer to a far place which is about 150 kilometers from the resident of the petitioner in unjust. Learned counsel for the Petitioner further submits that the Opposite Party No.2/ Director, Secondary Education, Odisha, Bhubaneswar vide Office Order No.24168 dated 27.09.2022 has considered the intra-district transfer of Senior SES HMs, whereas the Petitioner's case has not been considered despite the fact that the Petitioner has given a representation to the Opposite Party No.2/ Director, Secondary Education, Odisha, Bhubaneswar which is pending since 16.09.2022.

4. In such view of the matter, the Opposite Party No.2/ Director, Secondary Education, Odisha, Bhubaneswar is directed to consider the representation of the Petitioner in the light of the policy relating to transfer and posting of couples employed under State Government notified by the General Administration Department, Government of Odisha, Bhubaneswar on 13th December, 1991 and dispose of the same within a period of one month from the date of submission/ production of a copy of this order along with a copy of the Writ Petition.

5. Accordingly, this Writ Petition is disposed of.

// 3 //

6. Urgent certified copy of this order be granted on proper application.

(Dr. S.K. Panigrahi) Judge B.Jhankar