Satamanyu Mohapatra Vs State of Odisha

Heard learned counsel for the Petitioner as well as learned counsel for the State-Opposite Parties. Perused the writ petition as well as the documents annexed thereto.

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Being aggrieved by the order dated 27.12.2024 passed by the Opposite Party No.2-Project Director, Odisha State AIDS Control Society, Bhubaneswar, thereby rejecting the representation of the Petitioner dated 07.12.2024 under Annexure-10, the Petitioner has approached this Court by filing the present writ petition.

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Learned counsel for the Petitioner, at the outset,

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submitted that earlier the Petitioner has approached this Court by filing W.P.(C) No.31123 of 2024 thereby challenging his transfer from E.S.I. Hospital, Bhubaneswar where he is working as a Counsellor to the DSRC, DHH, Jagatsinghpur. He further submitted that a coordinate Bench of this Court vide order dated 20.12.2024 disposed of the said writ petition directing the Project Director, Odisha State AIDS Control Society, Bhubaneswar to consider the representation of the Petitioner taking into account the nature of service and pass a lawful order within fifteen days. 5. Learned counsel for the Petitioner further contended that after disposal of the earlier writ petition, the Petitioner approached the Project Director, Odisha State AIDS Control Society, Bhubaneswar as has been directed by the coordinate Bench of this Court vide order dated 20.12.2024. He further submitted that in his representation, the Petitioner has taken several grounds while challenging the order of transfer. While elaborating such grounds, learned counsel for the Petitioner submitted that the Petitioner has been transferred to Bhubaneswar barely 1½ years ago, the Petitioner is a cardiac patient and undergoing treatment at SUM Hospital, Bhubaneswar; the father of the Petitioner, who is aged about 82 years, is ailing and required constant medical attention; and son of the present Petitioner is suffering from Autism, therefore, we also requires constant support from his family

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including the present Petitioner. On the aforesaid ground, the Petitioner submitted his representation before the authority to reconsider the decision to transfer him from Bhubaneswar to Jagatsinghpur. Further referring to the impugned rejection order dated 27.12.2024 under Annexure-12, learned counsel for the Petitioner submitted that while rejecting the representation of the Petitioner dated 07.12.2024 under Annexure-10 pursuant to the order passed by the coordinate Bench on 20.12.2024, the Opposite Party No.2-the Project Director, Odisha State AIDS Control Society, Bhubaneswar, has not taken into consideration the grounds raised in his representation, particularly with regard to the illness of the Petitioner, his father and his son. He further contended that the Opposite Party No.2 should have considered the representation of the Petitioner sympathetically keeping in view the illness of the Petitioner and his other family members. However, representation of the Petitioner has been rejected vide order dated 27.12.2024 under Annexure-12 without giving any specific reasons and without considering the health ground of the Petitioner and his family members. On such ground, learned counsel for the Petitioner submitted that the order dated 27.12.2024 under Annexure-12 is unsustainable in the eye of law.

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Learned counsel for the State, on the other hand, contended that the transfer is an incident of service.

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Therefore, the Petitioner cannot choose as to where he will be posted in course of his service. She further contended that the Petitioner has been transferred from Bhubaneswar to Jagatsinghpur, which is only 50 Kms. away from Bhubaneswar. In such view of the matter, learned counsel for the State submitted that the case of the Petitioner does not call for any interference by this Court at this stage.

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Having heard the learned counsels appearing for the respective parties and on a careful examination of the background facts of the present case and on a close scrutiny of the impugned rejection order dated 27.12.2024, it appears that the authority, while considering the representation of the Petitioner pursuant to the order passed by the coordinate Bench of this Court, has not taken note of the grounds specifically raised by the Petitioner. Moreover, the order passed by the authority appears to be a cryptic one. In such view of the matter, this Court is of the considered view that the impugned order dated 27.12.2024 is unsustainable in the eye of law.

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Accordingly, the order dated 27.12.2024 passed by the Opp. Party No.2-Project Director, Odisha State AIDS Control Society, Bhubaneswar, is hereby set aside. The matter is remanded back to the Opposite Party No.2 to consider the matter afresh keeping in view the grounds taken by the Petitioner in his representation, particularly the health

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ground of the Petitioner and his family members and the representation of the Petitioner shall be disposed of by Opposite Party No.2 by passing a speaking and reasoned order within a period of three weeks from the date of communication of a certified copy of this order by the Petitioner. The final decision so taken be communicated to the Petitioner within a week thereafter. It is further directed that till the representation of the Petitioner is disposed of in the manner as has been directed hereinabove, no coercive action shall be taken against the Petitioner.

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