Mahendra Kumar Sahoo v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.32447 of 2021 Mahendra Kumar Sahoo ....

Petitioner Mr. K.C. Sahu, Advocate -versusState of Odisha and others ....

Opposite Parties Mr.Biswajit Mohyanty, S.C., S. & M.E. Deptt.

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

12.01.2022 04.

1.

This matter is taken up through Video Conferencing mode. Order No.

2.

The sole grievance of the Petitioner in the present writ petition is that although he has been transferred to Janata High School Munduribeda pursuant to order passed by the Opposite Party No.3, the Headmaster of the concerned school is not accepting the joining report and not allowing him to discharge his duties at the aforesaid school. It is further submitted that the Petitioner is a physically challenged person. The treatment meted out to the Petitioner in this case is inhumane.

3.

On the last occasion, learned counsel for the School and Mass Education Department was asked to take instruction in the matter. However he has not been able to obtain instruction in the meanwhile.

4.

On perusal of the records, this Court is of the considered view that the conduct of the Headmaster-Opposite Party No.4 is highly illegal.

5.

In view of the facts and circumstances stated above, this Court disposes of the writ petition with a direction to Opposite Party

// 2 // No.4 to accept the joining report of the Petitioner dated 22.9.2021 forthwith within a period of one week along with authenticated copy of this order on production of such order, Opposite Party No.4 shall allow the Petitioner to join in duty. Further the Opposite Party No.3, D.E.O., Angul shall ensure that the order of transfer passed by the Competent Authority is complied with.

6.

With the above direction, the writ petition stands disposed of.

7.

As the restrictions due to resurgence of COVID -19 situation are continuing, learned counsel for the parties may utilize a print out of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned Advocate, in the manner prescribed vide Court's Notice No.4587, dated 25th March, 2020, modified by Court's Notice No.4798, dated 15th April, 2021, and Court's Office Order circulated vide Memo Nos.514 and 515 dated 7th January, 2022.

(A.K. Mohapatra) Judge U.K.Sahoo