Gandharba Majhi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.41725 of 2021 Gandharba Majhi ....

Petitioner Mr.S.K.Rath, Advocate.

-versusPrincipal Secy. To Govt. S & ME Department & others ....

Opp. Parties Mr. Sangram Jena, Standing Counsel, S & ME

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

06.01.2022 01.

This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2.

Being aggrieved by the order dated 21st December, 2021 passed by the Block Education Officer, Karlamunda the Petitioner has been transferred from Jagadish U.P.School to Bhatapada U.P.School.

3.

It is submitted by the learned counsel for the Petitioner that the Petitioner has left with one year of service and he was at the verge of his retirement.

4.

Learned Standing Counsel for School & Mass Education Department draws the attention of the Court to Clause-5 of the guideline whereunder it has been provided that appeal against an order of transfer lies on the Director of Elementary Education, Odisha.

// 2 // 5.

Heard learned counsel for the Petitioner as well as learned Standing Counsel for School & Mass Education department. 6.

Considering the limited nature of prayer and keeping in view the provisions for appeal as provided in the guideline of the Government dated 4th October, 2018 the present writ application is being disposed of with a direction to the Petitioner to file a properly constituted appeal before the Director, Elementary Education, Odisha, Opposite Party No.2 within a period of 10 days from today. If such appeal is filed by the Petitioner, the same shall be considered in accordance with law and shall be disposed of by a speaking and reasoned order within four weeks from the date of filing of such appeal. Any decision so taken shall be communicated to the Petitioner within one week from the date of such decision. It is open to the Petitioner to file an interim application along with the appeal memo. The Petitioner shall not be disturbed till disposal of the interim application by the appellate authority. 7.

This Court has not expressed any opinion on the merits of the case.

8.

With the aforesaid observation, the writ application stands disposed of.

( A.K. Mohapatra) Judge RKS