Page 1 of 4. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.16093 of 2026 Birabar Biswal ..... Petitioner Represented by Adv. - Durgesh Narayan Rath -versus- State of Odisha & Ors. ..... Opposite Parties Represented by Adv. - Mr. C.M.Singh, A.S.C. CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No. ORDER 21.05.2026 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 Standing Counsel for the State-Opposite Parties. Perused the writ application as well as the prayer made therein. 3. The Petitioner has filed the present writ application with the following prayer: “Under the above circumstance, it is therefore humbly prayed that this Hon'ble Court may be graciously pleased to issue a writ in the nature of writ of mandamus or any other appropriate writ, direction or order by quashing the office order dated 18.06.2025 passed by the opposite party no.4 under Annexure-4 and the consequential order dated 30.06.2025 passed by the opposite party no.5 under Annexure-5 to the writ petition, since it violates the transfer policy floated by the Government under Annexure-2, in view of the law Page 2 of 4. settled by this Hon'ble Court in case of Ranjan Kumar Tripathy v State of Odisha (W.P.(C) No. 20875 of 2025 vide judgment dated 27.11.2025). And this Hon'ble Court be further pleased to direct the opposite parties, more particularly the opposite party nos. 4 to 6 to allow the petitioner to continue in his original place of posting at Natapada Primary School, Natapada under BEO, Nilgiri as usual. And this Hon'ble Court be pleased to pass any further order/ orders, direction/ directions as this Hon'ble Court deems fit and proper in the facts and circumstances of the case.” 4. It is stated by the learned counsel for the Petitioner that the Petitioner being aggrieved by the order of transfer on the request of MP/MLA has approached this Court by filing the present writ application. In course of his argument, learned counsel for the Petitioner contended that the issue involved in the present writ application was directly and substantially in issue in Ranjan Kumar Tripathy vs. State of Odisha in W.P.(C) No.20875 of 2025 which was disposed of vide judgment dated 27.11.2025. A coordinate bench vide judgment dated 27.11.2025 has categorically held that such transfer on the basis of the recommendation of the MP/MLA is illegal and unsustainable in law and corresponding directions have been given by the Co- ordinate Bench in the aforesaid judgment particularly in Para-4.7 of such judgment. 5. Learned counsel for the Petitioner at this juncture contended that in the present case the Petitioner has also been transferred on the recommendation of the MP/MLA. As such, the case of the Petitioner is squarely covered by the ratio laid down Page 3 of 4. by the Co-ordinate Bench in Ranjan Kumar Tripathy vs. State of Odisha. He further referred to the order passed in Prafull Kuanr vs. State of Odisha and others in W.P.(C) No.22528 of 2025 which was disposed of on 29.11.2025. Learned counsel for the Petitioner at this juncture contended that the abovenamed appears in the very same list and in between the Petitioner’s name is also included. 6. Learned counsel for State on the other hand contended that the Petitioner has not approached the Opposite Party before approaching this Court by filing the preset writ application He further contended that in the event this Court directs the Opposite Parties to consider the representation of the petitioner in terms of the judgment of this Court in Ranjan Kumar Tripathy (supra) he will have no objection the same. 7. In view of the aforesaid position, this Court deems it proper to dispose of the present writ application by granting liberty to the petitioner to approach the Opposite Party No.4 by filing a detailed representation along with a copy of the judgment in Ranjan Kumar Tripathy (supra) within ten days from today. In such eventuality, the Opposite Party No.4 shall re-consider the representation of the Petitioner in terms of the judgment in Ranjan Kumar Triapthy (supra) particularly the direction contained in Para-4.7 of that judgment. Representation of the Petitioner shall be disposed of within four weeks thereafter by passing a speaking and reasoned order. The final decision so taken be communicated to the Petitioner within a week thereafter. Page 4 of 4. 8. With the aforesaid observations and directions, the writ application stands disposed of. 9. Issue urgent certified copy of this order as per Rules. (A.K. Mohapatra) Judge Rubi