Extracted from the PDF above. The PDF is authoritative.
Page 1 of 3.
IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.16708 of 2025 Dr. Sujata Sahoo ..... Petitioner
Represented By Adv. - Lalit Kumar Maharana -versus- State Of Odisha & Ors. ..... Opposite Parties
Represented By Adv. – C.M. Singh, A.S.C.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER 19.06.2025
Order No.
01.
1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. Heard learned counsel appearing for the Petitioner as well as learned Additional Standing Counsel appearing for the State- Opposite Parties. Perused the writ application as well as the documents annexed thereto.
3. The Petitioner has filed the present writ application with the following prayer:
“It is therefore, prayed that Your Lordships may graciously be pleased to admit the Writ Petition, issue Notice to the 0pp. Parties, and after hearing the parties, set aside /quash the transfer of Petitioner from 'Directorate of ESI Scheme, Odisha Bhubaneswar and deployed at ESI Hospital, Bhubaneswar to ESI Dispensary, FCI Colony, Rourkela' as mentioned at Sl. No. 10 in Notification dated 5481, dated 13/06/2025 issued by the 0pp. Parties vide Annexure - 2 and the consequential relive order vide
Page 2 of 3. Annexure - 3;
And may pass any other order(s), direction(s), relief(s) as deem fit and proper.”
4. It is stated by the learned counsel for the Petitioner that the
order of transfer dated 13.06.2025 under Annexure-2 is in violation of the statute as well as the resolution of the Govt. dated 03.12.2013 & 05.09.2017 under Annexure-4 to the writ application. He further contended that the Petitioner has already submitted a detailed representation before the Opposite Party No.2, which is stated to be pending before him.
5.
Learned counsel for the State on the other hand contended that he does not have any specific instruction in the matter. However, on a perusal of the impugned transfer order it appears that the Petitioner has been transferred in a normal routine transfer chain. He further contended that the notification itself reveals that the doctors, who have been transferred, have been relieved w.e.f. 13.06.2025 and have been asked to join immediately at their new place of posting. It was also contended by the learned counsel for the State that since the transfer has been made as a routine exercise by the concerned department, the same does not call for any interference by this Court at this stage.
6. Having regard to the submissions made by the learned counsels appearing for the parties, on a careful examination of the background facts as well as the materials on record, further keeping in view the fact that the Petitioner is a care-giver person of a physically handicapped person and she is protected by a statute, this Court, while disposing of the writ application, directs
Page 3 of 3. the Opposite Party No.2 to consider the representation of the Petitioner under Annexure-5 to the writ application in accordance with law and dispose of the same by passing a speaking and reasoned order within a period of four weeks from the date of communication of a certified copy of today’s order. The final decision so taken be communicated to the Petitioner forthwith. It is further directed that in the event no reliever has joined in place of the Petitioner, the Petitioner be allowed to continue at his present place of posting for a period of four weeks or till disposal of the representation of the Petitioner.
7. With the aforesaid observations/ directions, the writ application stands disposed of.
8. Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
Anil
Designation: Junior Stenographer