Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.5424 of 2026 Prakash Ranjan Soren …. Petitioner
Mr. B.S. Tripathy, Sr. Advocate -versus-
State of Odisha & Others …. Opp. Parties
Mr. U.C. Jena, ASC
CORAM:
HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
Order No.
ORDER 18.02.2026
01.
W.P.(C) No.5424 of 2026 & I.A. No.3313 of 2026
1. This matter is taken up through Hybrid mode.
2. Heard learned counsel for the Petitioner as well as
learned counsel for the State-Opposite Parties. Perused the writ petition as well as the prayer made therein.
3. By filing the present Writ Petition, the Petitioner challenges the deployment order dated 13.02.2026 at Annexure-2 to the Writ Petition. By virtue of the impugned order at Annexure-2, the Petitioner, who is working as Principal, Government ITI, Phulbani has been transferred on deployment basis as In-charge, Principal L-I, Govt. ITI, Sonepore during mid-academic sessions & with ulterior motive.
Digitally Signed Signed by: AMIT KUMAR MOHANTY Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 19-Feb-2026 16:08:13 Signature Not Verified p. 2 4. Learned Senior Advocate appearing for the Petitioner at the outset referring to the Notification dated 29.07.1991 of the G.A. Department, Govt. of Odisha at Annexure-3 contended before this Court that no officer of the rank of Class-II and above shall be allowed to remain in a particular district for more than six years. By referring to the said provision he contended that the Petitioner has not completed three years of service in his present place of posting. He further submitted that in Clause-2(ii) of the Notification it has been specifically mentioned that Officers should ordinarily be transferred after completion of three years. However, in exceptional cases involving public interest, they may be transferred within three years.
5. So far as the present Petitioner is concerned, learned Senior Advocate contended that neither the Petitioner has completed three years at his present place of posting nor any public interest is involved in his deployment to a different institution and as is evident from the order at Annexure-2 to the Writ Petition. Accordingly, it was contended by the Petitioner that the order of transfer at Annexure-2 is an outcome of mala fide motive of the authorities. Hence, learned Senior Counsel contended before this Court that such untimely deployment order as the Petitioner requires strict scrutiny by this Court.
Digitally Signed Signed by: AMIT KUMAR MOHANTY Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 19-Feb-2026 16:08:13 Signature Not Verified p. 3 6.
Learned counsel for the State on the other hand contended that transfer is an incidence of service. Therefore, the Petitioner cannot deny to join at the new place of posting. He further contended that the Petitioner has been deployed as Principal from one Government college to another. As such no prejudice will be caused to the Petitioner. He accordingly contended that the present Writ Petition is devoid of merit and the same should be dismissed.
7. Having heard learned counsel for the parties, after careful examination of the contentions, this Court finds that the deployment order at Annexure-2 is admittedly an untimely order as the same has been passed during the mid-academic session. Moreover, the contention of the learned Senior Counsel is that the same is in violation of the GA Department Notification dated 29.07.1991 at Annexure-3 in substance.
8. In view of the aforesaid fact, this Court thinks it proper to dispose of the Writ Petition at the stage of admission by granting liberty to the Petitioner to approach the Opposite Party No.1 by filing a detailed representation taking all the grounds along with all supporting documents within a period of ten days. In the event such representation is filed, Opposite Party No.1 shall consider the grievance of the Petitioner strictly in terms of GA Department Circular dated 29.07.1991 at Annexure-3 to the Writ Petition and Digitally Signed Signed by: AMIT KUMAR MOHANTY Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 19-Feb-2026 16:08:13 Signature Not Verified p. 4 amit dispose of the same within a period of four weeks from the date of receipt of copy of today’s order. Copy of the final
order be communicated to the Petitioner forthwith. Further this Court directs that till a decision is taken on the representation as directed by this Court hereinabove or for a period of six weeks, whichever is earlier and subject to condition that the Petitioner has not been relieved in the meantime, he shall not be relieved from his present place of posting.
9. Issue urgent certified copy of this order in course of the day.
(Aditya Kumar Mohapatra)
Judge