Research › Search › Judgment

High Court of Orissa · body

2026 DAILYLAW 1880 (ORI)

RAJKISHORE MALIK v. STATE OF ODISHA

WP(C)/269/2026 · 2026-01-13

Biraja Prasanna Satapathy

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) Nos. 269 of 2026 and W.P.(C) Nos.28289 & 33020 of 2025 WP(C) No. 269 of 2026 Rajkishore Malik ..... Petitioner Mr. S. Mallick, Advocate -versus- State of Odisha & Ors. ..... Opposite Parties Mr. S. Das, ASC Mr. B.C. Ghadei, Advocate (Opp. Party o. 4) CORAM: THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 13.01.2026 Order No. 03 1. This matter is taken up through hybrid mode. 2. Since all these matters are interconnected with regard to transfer and posting of the Petitioners in W.P.(C) No. 33020 of 2025 and W.P.(C) No. 269 of 2026 vis-a-vis W.P.(C) No. 28989 of 2025, all the matters were heard analogously and disposed of by the present common order. 3. Heard learned counsel appearing for the Parties. 4. W.P.(C) No. 28989 of 2025 was filed by the Petitioner therein challenging the order of transfer issued vide notification dtd.10.10.2025 under Annexure-3. Vide the said notification Petitioner was put under transfer from Jajpur Road to Nilagiri vis-à- vis Petitioners in the connected two writ petitions. Petitioner in the connected two (2) writ petitions was posted to Jajpur Road in place of the Petitioner in W.P.(C) No. 28989 of 2025, after his transfer from Baripada, Mayurbhanj. Page 2 of 3. 5. It is found that this Court while directing the State Counsel to obtain instruction in the matter, passed an interim order staying operation of notification dtd.10.10.2025 so far as it relates to the Petitioner in W.P.(C) No. 28989 of 2025 on 14.10.2025. Subsequently, W.P.(C) No. 33020 of 2025 was filed by the Petitioner whose name finds place at Sl. No. 1 in notification dtd.10.10.2025, inter alia with the prayer for release of his salary, as in terms of such notification dtd.10.10.2025, Petitioner had joined in his new place of posting at Jajpur Road on 14.10.2025 after being relived from Baripada on 13.10.2025. 5.1. However, taking into account the nature of interim order passed in W.P.(C) No. 28989 of 2025, Petitioner was not released with his salary. During pendency of W.P.(C) No. 33020 of 2025, Petitioner when was put under transfer vide order dtd.01.01.2026, the same is under challenge in W.P.(C) No. 269 of 2026 so enclosed vide Annexure-5. 6. However, in course of hearing learned counsel for the Petitioner in W.P.(C) No. 269 of 2026 fairly contended that Petitioner has no objection to join in terms of order dtd.01.01.2026 at Rourkela (II), Sundergarh, if the period from 14.10.2025 till he joins at Rourkela is regularized by allowing the salary as due and admissible in his favour. 7. Mr. S. Mallik, learned counsel appearing for the Petitioner contended that since Petitioner without having any fault of his own was not released with his salary after his joining at Jajpur Road pursuant to notification dtd.10.10.2025, Petitioner is eligible and entitled to get the benefit of salary with due regularization of the period from 14.10.2025 till he joins at Rourkela (II) in terms of office order dtd.01.01.2026. It is also contended that Petitioner is ready and Page 3 of 3. willing to join at Rourkela in terms of office order dtd.01.01.2026 by 16th January, 2026. 8. Mr. B.C. Ghadei, learned counsel appearing for the Petitioner in W.P.(C) No. 28989 of 2025 contended that taking into account the interim order passed by this Court on 14.10.2025, even though Petitioner was allowed to continue at Jajpur, but he is also not getting his salary. 9. Having heard learned counsel appearing for the Parties, considering the submission made and taking into account the interim order passed by this Court on 14.10.2025 in W.P.(C) No. 28989 of 2025, this Court permits the Petitioner therein to continue at Jajpur as before. Accordingly, the salary as due and admissible in his favour be released, if the Petitioner has discharged his duty all through. 9.1. However, since on the face his joining at Jajpur on 14.10.2025, Petitioner in W.P.(C) No. 33020 of 2025 was not allowed to discharge his duty and was not released with his salary and in terms of the fresh order passed on 01.01.2026, Petitioner is ready and willing to join at Rourkela (II) by 16th January, 2026, this Court directs Opp. Party No. 1 to release the salary as due and admissible for the period from 14.10.2025 till Petitioner join at Rourkela (II) by 16th January, 2026 by adjusting him as against any vacant suitable post. Such a step be taken within a period of four (4) weeks from the date of his joining at Rourkela (II). 10. All the writ petitions accordingly stand disposed of. Photo copy of the order be placed in the connected case records. (BIRAJA PRASANNA SATAPATHY) Judge Sneha