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2026 DAILYLAW 25271 (ORI)

PURNA CHANDRA SETHI v. STATE OF ODISHA

WP(C)/20723/2026 · 2026-07-07

Aditya Kumar Mohapatra

Writ Petition (Civil)body2026

Judgment text

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Page 1 of 4. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.20723 of 2026 Purna Chandra Sethi ..... Petitioner Represented by Adv. - Prabhakar Sabat -versus- State of Odisha and others ..... Opposite Parties Smt. S. Nayak, ASC CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 07.07.2026 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: “That the petitioner therefore prays that this Hon'ble Court may graciously be pleased to admit this petition, issue notice to the Opposite Parties by considering the facts and grounds stated above the transfer order passed on 12.06.2026 in Office Order no. 4156 by the District Education Officer (DEO), Rayagada, Dist-Rayagda and relieve order passed on 17.06.2026 in office order No.1393 passed by the Block Education Officer (BEO), Bissama Cuttack, Dist-Rayagada may kindly be quashed of Annextue-1 and for better interest of Justice. Page 2 of 4. And pass any other or further order/orders which this Hon'ble Court may deem fit and proper in favour of the petitioner. And for act of kindness this court may deem fit and proper may pass in favour of the petitioner.” 4. Learned counsel for the petitioner at the outset contended that the petitioner being aggrieved by the order of transfer dated 12/06/2026 at Annexure-1 as well as the recommendation of the DEO, Rayagada to the Director, Secondary Education, Odisha at Annexure-5, has approached this Court by filing the present writ application. Learned counsel for the petitioner at the outset contended that the petitioner who has been posted at Gudari in the district of Rayagada has been transferred to Bissam Cuttack by virtue of the impugned transfer order at Annexure-1 to the writ application. 5. Learned counsel for the petitioner at this juncture contended that the petitioner, who has some medical issues and is undergoing treatment at Gudari, is not in a position to join immediately at Bissam Cuttack. It was also contended that such transfer at this age build lot of inconveniences to the petitioner as he is undergoing treatment at Gudari which is more convenient to the petitioner. In the aforesaid context, learned counsel for the petitioner also referred to the medical documents submitted by the petitioner along with the writ application. He further submitted that in the event the petitioner is permitted to continue at his present place of posting for another one year, the same would help the petitioner in recovering from his Page 3 of 4. underlying medical conditions. Learned counsel for the petitioner further submitted that although he had submitted representation before the District Education Officer, Rayagada, the same has not been considered. Being aggrieved by such inaction of the Opposite Party No.6, the petitioner has approached this court by filing the present writ application. 6. Learned counsel for the state, on the other hand, submitted that he has no specific instruction in the matter. He further contended that on a careful examination of the writ application, it appears that the petitioner has been transferred as a part of the regular chain of transfer after completion of 3 years of service. He further submitted that the transfer is an incident of service and that no government employee can claim his posting to a particular place. In view of the aforesaid position, learned counsel for the state submitted that the present writ application is devoid of merit and, accordingly, the same should be dismissed. He further submitted that in the event the petitioner has any grievance, he should approach the competent authority for redressal of such grievance and, in the event, this court grants liberty to the petitioner to approach the Opposite Party No.6 for redressal of his grievance in accordance with law, he will have no objection to the same. 7. Considering the submission made by the learned counsels appearing for both sides, and on a careful examination of the background facts, further taking note of the limited nature of the prayer made in the present writ application, this court deems it proper to dispose of the writ application at the stage of admission by granting liberty to the petitioner to file a fresh representation before Page 4 of 4. the Opposite Party No.6 within a week from today along with a copy of this order. In such event, the Opposite Party No.6 shall consider the representation of the petitioner in accordance with law and the applicable rules/guidelines and pass necessary orders thereon within a period of four weeks 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 in the event the petitioner has not been relieved pursuant to the transfer order at Annexure-1 and no reliever has joined in its place, the transfer order at Annexure-1, so far as it relates to the present petitioner, shall be kept in abeyance for a period of six weeks. 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