Research › Search › Judgment

High Court of Orissa · body

2024 DAILYLAW 795 (ORI)

COMMISSIONER NAVODAYA VIDYALAYA SAMITI,NOIDA v. KABITA KAR

WP(C)/30974/2024 · 2026-05-06

Chittaranjan Dash, Dixit K S

Writ Petition (Civil)body2024

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.30974 of 2024 Commissioner, Navodaya Vidyalaya Samiti, UP and another …. Appellant Mr. Gouri Mohan Rath, Advocate <<<< -versus- Kabita Kar and Others …. Respondents Mr. Anup Kumar Bose, Sr. Advocate with Mr. Arpit Sikdar, Advocate For O.P. No.1 Mr. P. K. Parhi, DSGI For O.P. Nos.2 to 4 CORAM: JUSTICE KRISHNA S. DIXIT JUSTICE CHITTARANJAN DASH Order No. ORDER 06.05.2026 05. Challenge by the School Management, in this Writ under Articles 226 and 227 of the Constitution of India, is to the Cuttack Central Administrative Tribunal’s order dated 23.08.2024 whereby the Respondent-employee’s O.A. No.260/00228 of 2024 having been favoured, the transfer order dated 05.04.2024 has been quashed and as a consequence, the Respondent-Opposite Party would continue as the Principal of School at Khorda to which position she was posted with effect from 01.08.2023. 2. After service of notice, the Opposite Party-employee having entered appearance through her counsel resists the Petition, inter alia, contending that the substratum for the challenge to the order of the Tribunal has withered away by passage of time, the retention period as per the extant transfer guidelines is two years. 3. Learned Senior Advocate, Mr. Bose appearing for the Opposite Party-employee refutes the allegations of irregularities made against his client. 4. Having heard learned counsel for the parties and having perused the Petition papers, we broadly agree with the submission made by learned Senior Advocate, Mr. Bose that the matter has become infructuous, the retention Rule period itself being two years and those two years have been lapsed. In the above circumstances, this Petition is disposed off reserving liberty to the Petitioners to follow the guidelines keeping in view the principle of parity and fair treatment. No order as to costs. (Krishna S. Dixit) Judge (Chittaranjan Dash) Judge AK Pradhan/Priyanka