Trinath Pradhan Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Trinath Pradhan Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to Opposite Party No. 7 to pass a fresh order giving posting to the petitioner in Balugaon Beat under Balugaon Range within 10 days, in modification of the transfer order dated 13.06.2025; petitioner permitted to provide a copy of the order to O.P. No. 7 for compliance.

Issue for consideration

Whether the order of transfer dated 13.6.2025 issued by Opposite Party No. 3 under Annexure-3, and the rejection of the petitioner's representation dated 2.7.2025, ought to be quashed. +1 more

Court's answer

This Court directed Opposite Party No. 7 to give posting to the petitioner in Balugaon Beat under Balugaon Range, such fresh order to be passed within a period of 10 (ten) days.

Ratio / Principle

The Writ Petition stands disposed of.

Detailed headnote1 paragraphs

W.P.(C) No.22580 of 2025 (High Court of Orissa at Cuttack, Biraja Prasanna Satapathy, J., order dated 17.11.2025) - Trinath Pradhan, a Forester, challenged his transfer by order dated 13.6.2025 (Annexure-3) issued by Opposite Party No. 3 posting him to Khurda Division despite his own request for posting at Balugaon Range, and the rejection of his representation dated 2.7.2025 by office order No. 146/2F(ESTT)-380/2025 dated 22.07.20254 (as printed); the prayer invoked Somesh Tiwari Vrs. Union of India and others, AIR 2009 SC 1399 (referred, not engaged with by the Court). Before the Court, the learned Addl. Govt. Advocate stated that the petitioner could now be transferred and posted to Balugaon Beat under Balugaon Range in modification of the impugned transfer order, and counsel for the petitioner fairly conceded he would have no grievance if so posted. The Court, disposing of the writ petition on these submissions, directed Opposite Party No. 7 to give posting to the petitioner in Balugaon Beat under Balugaon Range by a fresh order within 10 (ten) days, and permitted the petitioner to provide a copy of the order to O.P. No. 7 for compliance. The validity of the transfer order itself was not adjudicated.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.22580 of 2025

Trinath Pradhan

…. Petitioner

Mr. J.K. Mohapatra, Advocate on behalf of Mr. D.P. Mishra, Advocate

-versus-

State of Odisha and Others

…. Opposite Parties

Mr. C.K. Pradhan, AGA

CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

Order No. 17.11.2025

07. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2. Heard learned counsel for the parties.

3. The present Writ Petition has been filed inter alia with the following prayer:-

“It is, therefore, prayed that this Hon'ble Court may graciously be pleased to issue notice to the opp. Parties calling upon them to file show cause as to why the order of transfer dated 13.6.2025 issued by Opp. Party No. 3 under Annexure-3 and rejecting the representation dated 2.7.2025 vide office order No. 146/2F(ESTT)-380/2025 dated 22.07.20254 by Opp. Party No. 3 shall not be quashed as has been passed in view of administrative exigencies as decided by Hon'ble Apex Court of India in between Somesh Tiwari Vrs. Union of India and others reported in AIR 2009 SC 1399 and after hearing the parties be pleased to quash the order

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of transfer dated 13.6.2025 under Annexure-3 so far as it relates to the petitioner;

A further direction issued to the opp. Parties to allow the petitioner to continue as a Forester in Niali Section, Phulnakhara Range in the district of Cuttack earlier.”

4. It is contended that on the face of the request made by the petitioner for his transfer to Khurda Division more particular to Balugaon Range, petitioner since vide the impugned order was posted on transfer to Khurda Division, petitioner being aggrieved by such order, is before this Court.

5. Learned Addl. Govt. Advocate on instruction contended that petitioner in terms of his request can now be transferred and posted to Balugaon Beat under Balugaon Range in modification of the impugned order of transfer passed on 13.06.2025 under Annexure-3 series.

6. Learned counsel for the petitioner also fairly contended that if the petitioner will be posted to Balugaon Beat under Balugaon Range, petitioner will have no grievance.

7. Having heard learned counsel for the parties and considering the submissions made, this Court while disposing the Writ Petition, directs Opp. Party No.7 to give posting to the petitioner in Balugaon Beat under Balugaon Range. Such a fresh order be passed within a period of 10(ten) days from today. Petitioner is

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permitted to provide a copy of this order before O.P. No.7 for compliance.

8. The Writ Petition stands disposed of.

(Biraja Prasanna Satapathy) Judge

Basudev

Signature Not Verified

Digitally Signed Signed by: BASUDEV SWAIN Reason: Authentication Location: High Court of Orissa, C utta ck Date: 18-Nov-2025 14:48:59

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