Orissa High Court
Gajendra Kumar Himirika v. State of Odisha
WP(C)/18910/2026
- Decision date
- 2026-06-24
- Text availability
- Full text
- Judges
- Biraja Prasanna Satapathy
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Connected provisions and cases
No further provision or case links are recorded.
Judgment text
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.18910 of 2026 Gajendra Kumar Himirika …. Petitioner Mr. G.R. Sethi, Adv.. -versus- State of Odisha & Others …. Opp. Parties Mr. S.P. Das, ASC COROM: THE HON’BLE MR.JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 24.06.2026 Order No 1. 1. This matter is taken up through Hybrid Mode. 2. Heard learned counsel appearing for the parties. 3. Learned Counsel appearing for the Petitioner contended that Petitioner vide Officer order dt.06.11.2025 so issued under Annexure-1 was transferred and posted to Block Office, Kolnara, where he joined on 24.11.2025. Even though Petitioner has not completed around eight(8) months of service at Kolnara, but vide the impugned order dt.12.06.2026 so issued under Annexure-3, he has again been put under transfer to Tahasil Office, Gunupur. 3.1. It is contended that such order of transfer is contrary to the guideline issued by the G.A & P.G Deptt. on 22.05.2026 under Annexure-4. As per the said guideline, a Government servant is liable for transfer after completion of three (3) years in a particular station and with a further // 2 // condition that he can be transferred earlier in public interest even prior to completion of three (3) years.
3.2. It is further contended that in the impugned order of transfer, nothing has been indicated that Petitioner has been put under transfer in public interest. Accordingly, it is contended that since the order of transfer has been passed in complete violation of the guideline issued by the G.A & P.G Deptt. Under Anexure-4, the same requires interference of this Court. 4. Learned Addl. Standing Counsel, on the other hand contended that since Petitioner is continuing in a transferable job, no interference is called for. 5. Having heard learned counsel for the parties sand considering the submission made, this Court while disposing the Writ Petition permits the Petitioner to move an appropriate application before Opp. party No.1 seeking cancellation of the order of transfer so issued on 12.06.2026 under Annexure-3. 5.1 It is observed that if such an application for modification/cancellation is filed within a period of two (2) weeks hence, Opp. Party No.1 shall do well to take a lawful decision on the same within a period of two (2) weeks from the date of receipt of such application. The order so passed by Opp. Party No.1 be communicated to the Petitioner. 6. Till a decision is taken, as directed, status quo as on today with regard to continuance of the Petitioner be maintained. Page 2 of 3 // 3 // 7. The Writ Petition accordingly stands disposed of. (Biraja Prasanna Satapathy) Judge sangita Signature Not Verified Digitally Signed Signed by: SANGITA PATRA
Reason: authenticton of order Location: high court of orissa, cuttack Date: 25-Jun-2026 12:43:36 Page 3 of 3