Madhu Hantal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC(OAC) No.3164 of 2015 Madhu Hantal ....

Petitioner Mr. S.S. Tripathy along with Mr. S. Rath, Advocate -versusState of Orissa & others ....

Opp.parties Mr. R.N. Acharya, Standing Counsel for the School and Mass Education Department

CORAM:

JUSTICE M.S.SAHOO

ORDER

22.12.2022 Hybrid Mode Order No.

2. 1. When the matter was last taken up on 07.07.2022, the following order was passed.

"2. The writ petition has been registered before this Court on 21.12.2021, after the Original Application was transferred from the learned State Administrative Tribunal, Cuttack Bench, Cuttack upon its abolition.

3. On perusal of the available order-sheets of the learned Tribunal, it is indicated that notices were issued by the learned Tribunal on 03.09.2015. By the said order, the interim directions were also issued directing stay of order of transfer of the petitioner allowing him to continue at his place of posting prior to transfer. Counter dated 14.12.2015 by the respondents-opposite parties is available on record.

4. It is submitted by the learned Standing Counsel that the order of transfer is just and proper in accordance with the policy to maintain the pupil to teacher ratio in different schools. Therefore, the writ petition is liable to be dismissed being devoid of any merit.

5. Having heard the learned Standing Counsel to grant another opportunity to the petitioner, list on 28.07.2022."

2. Learned Standing Counsel justifying the issuance of the order of transfer reiterates his submission as noted in the order dated 07.07.2022 and further submits that nothing would survive for adjudication as the challenge is made to an order of transfer of the year 2015.

// 2 //

3. The learned counsel appearing for the petitioner does not dispute the said contentions of the learned Standing Counsel.

4. Accordingly, the writ petition is disposed of. ( M.S.Sahoo) Judge Gs