IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.18857 of 2026 Sasmita Swain …. Petitioner Mr. A.P. Ray, Advocate -versus- State of Odisha and Others …. Opposite Parties Mr. A. Tripathy, AGA CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY Order No. ORDER 03.07.2026 02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode. 2. Heard learned counsel for the parties. 3. Basing on order dated 24.06.2026, learned Addl. Govt. Advocate produced the instruction so provided by the Department vide letter dated 02.07.2026. The same be kept in record. 4. Basing on the instruction, learned Addl. Govt. Advocate contended that since petitioner’s minor child is suffering from serious ailment, taking a sympathetic view, she has been given a posting in and around Cuttack and now she has been transferred to Mahanga, which is around 40Kms. from Cuttack Sadar. The instruction so provided reads as follows:- “That, the Petitioner Smt. Sasmita Swain, WEO, Cuttack Sadar after her appointment in the year 2012 as Welfare Extension Officer (WEO) served in Kendrapada district for seven (7) years before her transfer and posting to Banki Block of Cuttack district in the year 2019. Then, upon her p. 2 p. 2 request for treatment of her autistic child, she was posted to Cuttack Sadar Block in the year 2024 on sympathetic ground. That, the post of WEO is the grass root level post of this Department responsible for overall welfare of mainly the Scheduled Tribes, Scheduled Castes, OBCs and Minorities with more focused intervention in the districts like: Koraput, Malkangiri, Rayagada, Nabarangpur, Gajapati, Sundargarh, Keonjhar, Mayurbhanj, Ganjam, Kandhamal, Kalahandi etc. However, this Department considering the health problem of her child (autism) did not post her to any of the major tribal districts as mentioned above. And further on compassionate ground this Department has posted her to Mahanga (within the district) on administrative ground, a place which is 35-40 km far from Cuttack Sadar so that she would be able to balance her personal and professional commitments. Hence, it is requested to appraise the Hon'ble High Court accordingly.” 5. Petitioner has filed the present Writ Petition inter alia with the following prayer:- “It is therefore prayed under the facts and circumstances of the case narrated above your lordship would be graciously pleased to admit this writ petition; And further be pleased to issue a writ in nature of certiorari or any other appropriate Writ/Order to quash the impugned Transfer order No.13659/SSD, Bhubaneswar dtd.12.06.2026 passed by Opp. Party No.1 under Annexure-1. And further issue a writ in nature of mandamus directing the Opp. Parties to allow the petitioner to continue at the present place of posting. And further to pass any other appropriate writ, order or direction(s) that this Hon’ble Court may deem fit and proper in the interest of justice.” 5.1. It is contended that without looking into the ailment of her minor son, the impugned order of transfer since has been issued, the same is liable to be interfered with by this Court. 6. Considering the instruction so provided challenge made to the impugned order of transfer so issued on p. 3 p. 3 12.06.2026 under Annexure-1, this Court permits the petitioner to move an appropriate application before Opp. Party No.1 for consideration of her grievance with regard to cancellation/modification of the order of transfer. 6.1. It is observed that if any such application is moved before Opp. Party No.1 within a period of 2(two) weeks hence, Opp. Party No.1 shall take a lawful decision on the same within a period of 2(two)weeks from the date of receipt of the application. 6.2. Till a decision is taken as directed, status-quo as on today with regard to continuance of the petitioner be maintained. 7. The Writ Petition stands disposed of accordingly, (Biraja Prasanna Satapathy) Judge Basudev