Page 1 of 4. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.19672 of 2026 Smt. Dutika Kumbhar ..... Petitioner Represented by Adv. - Dhananjaya Mund -versus- State Of Odisha and others ..... Opposite Parties Mr. S.K. Parhi, ASC CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 30.06.2026 Order No. 01. 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 application as well as the documents annexed thereto. 3. The Petitioner has filed the present writ application with the following prayer: “It is, therefore, most respectfully prayed that this Hon'ble Court may be graciously pleased to: (a) Admit the present Writ Petition, issue notice to the Opposite Parties and call for the relevant records; (b) After hearing the parties and examining the records, be pleased to issue a Writ in the nature of Certiorari or any other appropriate Writ by quashing/setting aside the impugned Order vide Memo No. 1557, dated 30.04.2026, issued by the Page 2 of 4. Block Education Officer, Athamallik (Annexure - 4); (c) In alternatively direct the Opposite Parties to post the Petitioner at a school in the vicinity of Kudagaon or Thentipali, having regard to her medical condition and family circumstances; (d) Pass any other order(s) or direction(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.” 4. Learned counsel for the Petitioner at the outset contended that the Petitioner initially joined as Shikshya Sahayak in the year 2005. Thereafter, her service was regularized. Learned counsel for the Petitioner at the outset contended that at the moment the Petitioner is continuing as Asst. Teacher-cum-Head Mistress (I/C), Nilakanthapada Govt. U.P. School. He further contended that recently the Petitioner has been transferred by virtue of order dated 30.04.2026 at Annexure-4 to Govt. P.S., Bijipur. 5. While assailing the aforesaid transfer order dated 30.04.2026 at Annexure-4, the learned counsel for the Petitioner contended that the Petitioner has medical complications and that the sudden dislocation from her current place of posting would cause irreparable loss to the health condition of the Petitioner as well as the entire family. He further submitted that the Petitioner has already approached the Opposite Party No.4 by filing a representation on 22.06.2026 at Annexure-5 to the writ petition. He further contended that no decision has been taken on such representation of the Petitioner. Learned counsel for the Petitioner further submitted that Page 3 of 4. the Petitioner at the moment is continuing as Asst. Teacher-cum- Head Mistress (I/C), Nilakanthapada Govt. U.P. School and that she has not been relieved. 6. Learned counsel for the State at the outset questioned the maintainability in the present writ petition. He further submitted that the Petitioner has been transferred by virtue of the order passed by the competent authority. It was also contended that the transfer is an incident of service and that no government employee has a right to be decide with regard to the place of posting. He further contended that in the event the Petitioner has any grievance, he should have first approached the competent authority for redressal of such grievance. Further, referring to the representation of the Petitioner learned counsel for the State contended that in the event any such representation is filed by the Petitioner, the competent authority shall take a lawful decision on such representation after examining the entire issue. With the aforesaid ground, learned counsel for the State contended that the present application being devoid of merit is liable to be dismissed. 7. Considering the submissions made by the learned counsels appearing for the respective parties, on a careful analysis of their submission and on a close scrutiny of the document annexed to the writ petition, this Court deems it proper to dispose of the writ petition by directing the Opposite Party No.4 to consider and dispose of the representation of the Petitioner strictly in accordance with law and the applicable rules within a period of four weeks from the date of communication of a certified copy of today’s order. The Opposite Party No.4 shall do well to dispose of the representation of the Page 4 of 4. Petitioner by passing a speaking and reasoned order. The final decision so taken be communicated to the Petitioner within a week thereafter. It is further directed that till a final decision is taken on the representation of the Petitioner at Annexure-5 by the Opposite Party No.4 as has been directed hereinabove, the impugned transfer order dated 30.04.2026 at Annexure-4 shall not be given effect to for a period of six weeks, if the Petitioner has not been relieved from her present place of posting. 8. With the aforesaid observations/directions, the writ application stands disposed of. Issue urgent certified copy of this order as per Rules. ( Aditya Kumar Mohapatra ) Judge S.K. Rout