Orissa High Court
Nanda Kousalya v. State of Odisha
WP(C)/20302/2026
- Decision date
- 2026-07-07
- Text availability
- Full text
- Judges
- Aditya Kumar Mohapatra
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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 WP(C) No.20302 of 2026 Nanda Kousalya ..... Petitioner Represented by Adv. - Prabhakar Sabat -versus- State Of Odisha & Ors. ..... Opposite Parties Represented by Adv. – U.C. Jena, A.S.C. CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 07.07.2026 Order No. 01. 1. This matter is taken up through Virtual Mode. 2. Heard learned counsel for the Petitioner as well as learned Additional Standing 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 and quashed the order passed by the Opposite Parties by considering the facts and grounds stated above the orders passed on 12.06.2026 and 19.06.2026 in order no. 4161 and 188 passed by the District Education Officer (DEO),Rayagada,Dist-Page 1 of 4. Rayagda and the Headmaster, PM SHRI Govt.High School. Penta. District Rayagada may kindly be quashed and for better interest of Justice And pass any other or further order/orders which this Hon'ble Court may deem fit and proper in favour of the petitioner.”
4. Learned counsel for the Petitioner, at the outset, contended that the Petitioner, who is working as an Junior Assistant in the PM Shri Government High School, Penta in the district of Rayagada, has approached this Court thereby challenging the order of transfer dated 12.06.2026 passed by the D.E.O., Rayagada-Opposite Party No.6 to the writ application. Learned counsel for the Petitioner, at the outset, contended that the transfer order passed by the Opposite Party No.6 at Annexure-1 dated 12.06.2026 has been challenged by the Petitioner on two grounds. The first ground is that the Petitioner has left less than 2 years of service before his retirement. Similarly, the 2nd ground of challenge is that the Petitioner had not completed 3 years of service at his present place of posting. In the aforesaid factual backdrop, learned counsel for the Petitioner contended that the order of transfer of the Petitioner is in violation of the guidelines issued by the Government of Odisha. Being aggrieved by the order of transfer at Annexure-1, the Petitioner has approached this Court by filing the present writ application with a prayer to quash such transfer order. 5. Learned counsel for the State, on the other hand, contended that he has no specific instruction in the matter. He further contended that in the event the Petitioner has any grievance, he should have approached the competent authority for redressal of his Page 2 of 4.
grievance first. He further submitted that on a close scrutiny of the writ application does not reveal that the Petitioner has ever approached the Opposite Party No.6 for redressal of his grievance. In such view of the matter, learned counsel for the State contended that the present writ application is not maintainable. He further contended that in the event the Petitioner grants liberty to the Petitioner to approach the Opposite Party No.6 for redressal of his grievance, then he will have no objection to the same.
6. Having regard to the submissions made by counsels for the respective parties, on a careful examination of the background facts, further on a careful analysis of the submissions made and the documents attached to the writ application, this Court deems it proper to dispose of the present writ application by granting liberty to the Petitioner to approach the Opposite Party No.6 by filing a detailed representation taking therein all the grounds along with all supporting documents within ten days from today. In such eventuality, the Opposite Party No.6 shall consider the case of the Petitioner strictly in accordance with applicable rules and guidelines issued by the government. The representation of the Petitioner shall be disposed of by passing a speaking and reasoned order within four weeks from the date the Petitioner approaches the Opposite Party No.6 along with a certified copy of this order. The final decision so taken be communicated to the Petitioner within 10 days thereafter. It is further directed that in the event the Petitioner has not been relieved or no reliever has joined in the meantime, such transfer order at Annexure-1, with regard to the present Petitioner, shall be kept in abeyance for a period of six weeks. Page 3 of 4. 7. With the aforesaid observations/ directions, the writ application stands disposed of. Issue urgent certified copy of this order as per Rules. ( A.K. Mohapatra ) Judge Anil Signature Not Verified Page 4 of 4. Digitally Signed
Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 10-Jul-2026 20:31:53