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2025 DAILYLAW 52136 (ORI)

REETANJALI MISHRA v. STATE OF ODISHA

WA/1401/2025 · 2025-09-23

Harish Tandon Cj, Murahari Sri Raman

Writ Petition (Civil)body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK WA No.1401 of 2025 Reetanjali Mishra … Appellant Mr. Karunakar Rath, Advocate -Versus- State of Odisha and others … Respondents Mr. Saswat Das, AGA CORAM: THE HON’BLE THE CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE MURAHARI SRI RAMAN Order No. ORDER 23.09.2025 01. 1. The instant writ appeal arises out of order dated 4th August, 2025 passed by the Single Bench in WP(C) No.21550 of 2025, wherein a direction was passed upon the petitioner to file requisites for effecting service on opposite party no.7 therein and also permitting the opposite parties to file counter affidavit and the matter is directed to be listed in the week commencing 10th November, 2025. 2. Learned counsel appearing for the appellant submits that since the Single Bench refused to pass any interim order, the instant writ appeal has been filed. 3. If the prayer for interim order was made and there is no reflection in this regard in the impugned order by the writ Court, it will be deemed that said Court has rejected such prayer. 4. The writ petition is filed assailing the order of transfer and an interim order was sought to restrain the authorities from giving effect or further effect to the said order of transfer. In the event an interim order p. 2 of stay of such transfer order is passed, it will have an impact at the time of the final decision to be taken therein. 5. We are conscious of the fundamental principles in the service jurisprudence that a transfer is an incident of service and the Court is slow and circumspect in interfering with the order of transfer unless the well settled parameters for its interference is immediately and evidently found therefrom. We do not intend to make any observations as the Interlocutory Application is still pending before the Single Bench and the same will be decided as and when the occasions so arise. Since the Single Bench has fixed the hearing of the Interlocutory Application, we do not feel that the instant writ appeal needs to be entertained. However, we grant liberty to the appellant to renew the prayer for an interim order before the Single Bench. 6. The writ appeal is, thus, disposed of. (Harish Tandon) Chief Justice (M.S. Raman) Judge MRS/Laxmikant Designation: Senior Stenographer