Writ petition assailing an administrative order routing petitioner back to parent organization after temporary transfer was disposed with direction to keep order in abeyance pending representation for reversion.disposed,remanded
Impugned notification kept in abeyance; direction to file representation for continuation within 15 days.
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W.P.(C)NO. 13965 of 2016
17.08.2016
Heard learned counsel for the petitioner and learned Addl. Government Advocate
Petitioner in this writ petition assails the notification dated 6.8.2016 vide
Annexure-1 reverting the petitioner to his parent organization i.e. Office of Managing Directo
r, Odisha State Finance Corporation Limited Cuttack even though he has joined as Executive Off
icer of Rambha N.A.C. by virtue of notification dated 5.7.2016.
It is contended by the petitioner that while he was continuing as Senior Assis
tant in Odisha State Finance Corporation Limited, Cuttack he was deputed and posted as Executi
ve Officer at Digapahandi, Notified Area Council, Ganjam and joined as such in February, 2014.
Thereafter he was posted as Executive Officer, Ganjam NAC. While continuing as such the oppos
ite party No.1 issued notification dated 5.7.2016 where the petitioner was transferred from Ga
njam Notified Area Council and posted as Executive Officer at Rambha vice opposite party No.6.
Pursuant to the aforesaid notification petitioner submitted his joining report on 13.7.2016 b
efore the Chairperson Notified Area Council, Rambha. The Executive Officer, Rambha Notified Ar
ea Council send the acceptance of joining report of the petitioner to opposite party No.2 vide
letter dated 19.7.2016.
The opposite party No.6 was transferred from the post of Executive Officer, Ra
mbha vide Notification dated 5.7.2016 to join as Community Organiser, Puri Municipality, her p
arent organization. She had approached this Court in W.P.(C) No. 12284 of 2016 which was dispo
sed of on 19.7.2016. This Court on the prayer of the counsel directed her to file a representa
tion before opposite party No.1 within a period of fifteen days. In the event such representat
ion is filed within the stipulated time the same shall be disposed of within a period of one m
onth thereafter. Till disposal of the representation no coercive action shall be taken against
her. However she has filed a representation. But in the meantime she has been relieved from t
he aforesaid post on 19.7.2016 when this Court disposes of the writ petition.
In view of the above fact and circumstances this Court disposes of the writ pe
tition with an observation that Annexure-1 shall be kept in abeyance since the opposite party
No.6 has already relieved from the post and petitioner has joined which was accepted. In case
the petitioner files a representation before opposite party No.1 for continuation at Rambha as
Executive Officer within a period of fifteen days from today in such event his representation
shall be considered within a period of one month thereafter.
S. Panda, J
2
2 provisions across 2 enactments
Petitioner
Opposite party No.1 (Office of Managing Director, Odisha State Finance Corporation Limited Cuttack)
Opposite party No.6
S. Panda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court