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2026 DAILYLAW 3454 (ORI)

PARBATI HEMBRAM v. STATE OF ODISHA

WP(C)/9225/2026 · 2026-04-08

Biraja Prasanna Satapathy

Writ Petition (Civil)body2026

Judgment text

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Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No. 9225 of 2026 Parbati Hembram ..... Petitioner Mr. G.R. Sethi, Adv. State of Odisha & Others ..... Opposite Parties Mr. P.K. Sahoo, ASC CORAM: THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 08.04.2026 Order No. 02 1. This matter is taken up through hybrid mode. 2. Heard learned counsel appearing for the parties. 3. Pursuant to order dated 25.03.2026, learned Additional Standing Counsel, produced the instructions provided by the Office of Collector and District Magistrate, Mayurbhanj in Court with service of copy on the learned counsel appearing for the Petitioner. The same be kept on record. 4.The present Writ Petition has been filed inter alia with the following prayer: It is therefore humbly prayed that this Hon’ble Court may gracisouly be pleased to admit the case, call for the records and after hearing both the parties pass the following reliefs; (i) To quash the order dt.20.03.2026 under Annexure-2. Page 2 of 3. (ii) To direct the Opp. parties to allow the Petitioner to continue as Welfare Extension Officer, Bijatola Block, Mayurbhanj. (iii) And pass such other order/orders as may be deemed fit and proper for the interest of justice. And for this act of kindness, the Petitioner as in duty bound shall ever pray. 5. While assailing the impugned order of transfer, learned counsel appearing for the Petitioner contended that Opp. Party No.3 is not competent to pass the impugned order as the appointing authority of the Petitioner is the Director(ST), ST & SC Development Minorities and Backward Classes, Welfare Department-Opp. Party No.2. It is accordingly, that the impugned order is not substantiable in the eye of law. 6. learned Additional Standing Counsel basing on the instruction and the document available under Annexure-3, contended that as provided under Para- 18.1 of the notification dated 11.12.1992 under Annexure-3, Opp. Party No. 3 is competent to transfer and posting of the Welfare Extension Officer, who has completed 3 years in one particular Station and wherever such transfer is considered necessary, in case of personal hardship or administrative ground. 6.1. It is contended that Petitioner is continuing at Baripada since 31.08.2019 and in view of the provisions contained under the proviso to Para-18.1 of the notification under Annexure-3, Opp. Party No.3 is competent to pass the order under Annexure-2. It is accordingly contended that no illegality or Page 3 of 3. irregularity has been committed by Opp. Party No. 3 in passing the impugned order in question. 7. Having heard learned counsel for the parties and considering the submission made, this Court finds that as provided under the proviso to para 18.1 of notification dated 11.12.1992 under Annexure-3, O.P. No.3 is competent to pass an order of transfer transferring an Welfare Extension Officer on administrative ground and who has completed more than 3 years of service in a particular place. 7.1. Since it is not disputed that Petitioner has already completed more than 6 years at Baripada, placing reliance on the aforesaid provision, this Courts find no illegality or irregularity with the impugned order dt.20.03.2026 under Annexure-2 and is not inclined to interfere with the same. It is open for the Petitioner to join in the place of transfer/deputation. 7.2. Since Mr. G.R. Sethi, learned counsel appearing for the petitioner contended that Petitioner is ready and willing to join on or before 17.04.2026, on such joining of the Petitioner, within the aforesaid time period the same be accepted by the concerned authority. 8. The writ petition accordingly stands disposed of. (Biraja Prasanna Satapathy) Judge Sangita