Disposed¶19

Kirti Ranjan Behera v. State of Odisha

Orissa HC24 Sept 2024WP(C)/21491/2024

Case brief

AI extract

What is this about?

Assistant teacher deployment order by Block Education Officer (BEO); administrative and academic exigency; Government Primary School, Chakapada vs Pandit Gobinda Rath Government U.P. School, Gopalpur; surplus teachers (12 against requirement of 4); non-joining and remaining on leave; inconvenience in receiving salary; no objection to regular transfer/deployment; BEO orders No.2015 dated 21.08.2024 and dated 14.09.2024; no interference found merited; writ petition disposed of; State of Odisha, School and Mass Education Department; single-judge Orissa HC writ (WP(C)).

What did the court decide?

This court does not find any merit in the Petitioner's prayer to interfere with the impugned order. ¶18

Kirti Ranjan Behera Vs State of Odisha — Orissa HC (2024) — LawSathi Research

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IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.21491 of 2024

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Kirti Ranjan Behera

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…. Petitioner Mr. H.N. Mohapatra, Advocate

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-versus-

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State of Odisha, represented through its Commissioner-cum-Secretary, School and Mass Education Department and Others

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…. Opposite Parties

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Mr. S.K. Jena, Additional Government Advocate

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CORAM: SHRI JUSTICE B. P. ROUTRAY

ORDER

24.9.2024

Order No.

The matter is taken up through hybrid mode.

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Heard Mr. H.N. Mohapatra, learned counsel for the Petitioner and Mr. S.K. Jena, learned AGA.

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The Petitioner is serving as Assistant Teacher in elementary cadre at Pandit Gobinda Rath Government U.P. School at Gopalpur under Banki (Damapada) block. He has been directed to take classes at Government Primary School, Chakapada by the Block Education Officer (BEO) in his officer order No.2015 dated 21^st August, 2024 on the ground of administrative exigencies. However the Petitioner did not join and remained on leave. Now on the direction of this court the BEO has submitted his written instructions to the learned AGA, which is produced on record, stating his justification for such direction to the Petitioner to work at Chakapada Government Primary School. It is stated by the BEO that such arrangement is temporary one keeping in view the academic exigencies of the students of the school at Chakapada and further by the

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same no inconvenience is supposed to be created against the Petitioner. Further there are surplus teachers at Pandit Gobinda Rath Government U.P. School at Gopalpur where 12 teachers are presently working against the requirement of 4 teachers.

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Mr. Mohapatra, learned counsel for the Petitioner submits that the Petitioner would not have any objection in case he is transferred or deployed to the Government Primary School, Chakapada instead of deployment which creates inconvenience in receiving salary on his part. However, it remains admitted that the Petitioner has not yet joined in the Government Primary School, Chakapada. He further submits that at present the BEO by his order dated 14^th September, 2024 has directed 2 teachers earlier working in Government Primary School, Chakapada and subsequently deployed to other schools, have been brought back to the same school.

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In the circumstances since the Petitioner has not joined in Government Primary School, Chakapada till date and it is submitted on the part of the Petitioner that he would not have any objection in case he is regularly transferred or deployed to that school, and further according to the BEO there is academic exigencies at Government Primary School, Chakapada, this court does not find any merit in the prayer of the Petitioner to interfere with the impugned order. It is left open to the Petitioner to join at Government Primary School, Chakapada.

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The writ petition is accordingly disposed of.

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Signature Not Verified Digitally Signed Signed by: MANAS KUMAR PANDA Designation: Personal Assistant Reason: Authentication Location: OHC, Cuttack Date: 26-Sep-2024 10:40:31

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M.K. Panda

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Kirti Ranjan Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

Kirti Ranjan Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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