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2025 DAILYLAW 45003 (ORI)

JITENDRA KUMAR MAHALIK v. STATE OF ODISHA

WP(C)/18451/2025 · 2025-07-08

Aditya Kumar Mohapatra

Writ Petition (Civil)body2025

Judgment text

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Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.18451 of 2025 Jitendra Kumar Mahalik ..... Petitioner Represented By Adv. - Prabodha Chandra Nayak -versus- 1) State Of Odisha ..... Opposite Parties 2) The Engineer In Chief, Rural Works, Odisha 3) The Superintending Engineer, Balasore 4) The Asst. Engineer, Nilagiri Section I Represented By Adv. – Mr. U.C.Jena, A.S.C. CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No. ORDER 08.07.2025 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner as well as learned Additional Government Advocate for the State-Opposite Parties. Perused the writ application as well as documents annexed thereto. 3. The Petitioner has filed the present writ application with the following prayer: “The petitioner respectfully prays that this Hon'ble Court may graciously be pleased to: i. Issue a writ in the nature of certiorari quashing the impugned transfer order dated 01.07.2025(Notification No. 12705) issued by the Works Department (Annexure- 14), which was passed without consideration of the Page 2 of 3. petitioner's representation dated 19.06.2025 Annexure- 12; ii. Issue a writ in the nature of mandamus directing the Opposite Party No.l to consider the petitioner's representation dated 03.07.2025 under Annexure-15 sympathetically and post him at Nilagiri Section-I under Balasore R&B Division-I, or alternatively at Nilagiri Section-II, both of which are reported to be vacant, keeping in view the genuine compassionate grounds and administrative feasibility; iii. Issue appropriate directions to frame or adhere to a transparent transfer policy which prevents such arbitrary and repeated transfers without tenure, especially where no exigency of public service exists; And/or to pass such other order/ orders, direction/ directions as this Hon'ble Court deems just, fit, equitable and proper in the facts and circumstances of the present case;.” 4. In course of hearing of the writ application, learned counsel for the Petitioner submits that the Petitioner ventilating his grievance has submitted representation before the State of Odisha, represented through the Principal Secretary, Works Department, Bhubaneswar, Opposite Party No.1 under Annexure-15. It is also submitted by the learned counsel for the Petitioner that the said representation is pending as of now. It is also submitted by the learned counsel for the Petitioner that a direction be issued to the Opposite Party No.1 to consider the representation of the Petitioner under Annexure-15 within a stipulated period of time. 5. Learned Additional Standing Counsel submits that he has no objection if the representation of the Petitioner is considered by the Opposite Party No.1, which is stated to be pending, in accordance with law within a stipulated period of time. 6. Considering the limited nature of grievance of the Petitioner, the writ application is disposed of at the stage of admission with a Page 3 of 3. direction to the Opposite Party No.1 to consider the representation of the Petitioner under Annexure-15 dated 03.07.2025 within a period of four weeks from the date of production of certified copy of this order. The Opposite Party No.1 shall do well to dispose of the representation of the Petitioner under Annexure-15 by passing a speaking and reasoned order. The decision so taken by the Opposite Party No.1 be also communicated to the Petitioner within ten days thereafter. Order dated 01.07.2025 under Annexure-14 so far as it relates to the petitioner shall not be given effect to for a period of six weeks if the petitioner has not yet been relieved. 7. With the aforesaid observations and directions, the writ application stands disposed of. 8. Issue urgent certified copy of this order as per Rules. ( A.K. Mohapatra ) Judge Rubi