Disposed

Adhir Kumar Tarai v. State of Odisha

Orissa HC3 Sept 2025WP(C)/23113/2025

Case brief

AI extract

What is this about?

A Block Education Officer sought writ relief against non-consideration of his representation for retention in his current post despite a transfer order, citing short service remaining and age-related ailments. The court directed the Commissioner-cum-Secretary to consider the representation and let him stay put meanwhile.

What did the court decide?

Petitioner directed to be continued in his pre-transfer post until the OP-Commissioner-cum-Secretary examines his representation and informs him of the result.

Adhir Kumar Tarai Vs State of Odisha — Service and Employment | Orissa HC (2025)

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IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.23113 of 2025

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Adhir Kumar Tarai …. Petitioner Represented by Adv.Mr. R.C. Jena, Adv. -versus- State of Odisha & others …. Opposite Parties Represented by Adv.Mr. D. Lenka, AGA

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CORAM:

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JUSTICE DIXIT KRISHNA SHRIPAD

ORDER

03.09.2025

Order No. 01.

WP(C) No.23113 of 2025 & I.A. No.13805 of 2025

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A Block Education Officer is knocking at the doors of Writ Court

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grieving against non-consideration of his representation dated 22.07.2025 at annexure-4, wherein he has sought for his retention in the

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same place on the ground that he has only a short stint of service of less than 2 years for superannuation and that he is also suffering from certain ailments natural to the declining age.

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Learned counsel for the petitioner argues that when a representation of the kind is made, the Commissioner-cum-Secretary to Government ought to have taken a call on that, and that such a call

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Page 1 of 3

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would be taken in a near future and before the transfer order dated 04.02.2025 is put in fruition. In all fairness, he brings to the notice of the Court that though the transfer order was made on 04.02.2025, his client has been relieved only on 18.07.2025 and therefore, he should be permitted to continue in the same place till a call is taken on his representation. He also quotes the Constitutional mandate enacted in Article 315, as interpreted by various High Courts.

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Learned AGA, on request, accepting notice for the official OPs, opposes the petition contending that it is the bounden duty of all Government servants to go and report for duty at places wherever they are posted/transferred and that there is no immunity from transfer in the light of Apex Court Decision in B. Varadha Rao v.s State of Karnataka , AIR 1986 SC 1955. Having so contended, now in all fairness he agrees that he would instruct his official clients to look into the grievance of the petitioner, as has been aired in the subject representation, in accordance with law and in a time bound way, should all grounds be kept open. With this proposal counsel for the petitioner is agreeable.

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In the above circumstances, this petition is disposed off directing the OP-Commissioner-cum-Secretary to Government to examine petitioner’s grievance couched in the subject representation and inform result of such consideration to the petitioner within a reasonable time.

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Page 2 of 3

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Till that happens, petitioner to be continued in the post in which he was continuing before the issuance of the impugned transfer order. All contentions are kept open.

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Petitioner shall not be made to rush back to the Court seeking implementation of this order by instituting one more set of proceedings and in the contra eventuality heavy cost may be levied on the official concerned, payable from his pocket.

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I.A. is accordingly disposed of.

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Web copy of this order to be acted upon by all concerned.

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( Dixit Krishna Shripad ) Judge

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Prasant

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Signature Not Verified

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Digitally Signed Signed by: PRASANT KUMAR SAHOO Reason: Authentication Location: Orissa High Court Date: 04-Sep-2025 17:53:56

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Adhir Kumar Tarai v. State of Odisha

Case brief

What is this about?

What did the court decide?

Adhir Kumar Tarai v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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