Santanu Kumbhakar Vs State of Odisha

“It is therefore prayed that this Hon’ble Court be graciously pleased to issue notice to the opp. Parties, call for relevant records and after hearing the parties issue a writ in the nature of mandamus or any other appropriate writ quashing the impugned notification No.SME-FE-OES-0394-2923/3573/SME dated 04.02.2025 passed by the Govt. of Odisha, School and Mass Education Department, vide Annexure-1 in respect of the petitioner and allowing him to continuing as Senior Block Education Officer, Biramaharajpur in the district of Sonepur in the Cadre of Orissa Education Service ( School Branch) (Group-A) (Junior Officers) or in the alternative modify the notification dated 04.02.2025 by transferring the petitioner to the post of similar status in the cadre of Orissa Education Service (Scholl Branch), (Group-A) (Junior) in the interest of justice.

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And /or may pass such other order/orders, direction/directions as deems fit and proper in the interest of justice. ”

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4. It is contended that Petitioner while continuing in service, he was promoted to the rank of Orissa Education Service (School Branch)(Group-A)(Junior) vide notification dt.12.06.2021 so issued by the Government-Opp. Party No.1.

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4.1. On such promotion to the aforesaid rank, Petitioner was posted as Sr. Block Education Officer. But while so continuing vide the impugned notification dat.04.02.2025, he was posted on transfer as Headmaster Dakha Govt. High School, Chandbali, Bhadrak.

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4.2. It is the main contention of the Petitioner that since Petitioner was promoted to the rank of OES (School Branch)(Group-A) (Junior), he could have been transferred and posted as a Headmaster, which comes under OES (School Branch) (Group-B). It is accordingly contended that since Petitioner has been transferred to a post which is not coming within the cadre, the same is not sustainable in the eye of law and requires interference of this Court. It is also contended that in terms of the impugned notification, Petitioner has not yet joined as Headmaster in the school in question.

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5. Considering the submission made, this Court passed the following order on 18.03.2025.

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Order 18.03.2025

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1. This matter is taken up through Hybrid Mode.

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2. Heard learned counsel for the parties.

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3. The present Writ Petion has been filed inter alia challenging the order of transfer issued by the Government in the School and Mass Education Deptt. vide notification dt.04.02.2025 under Annexure-1.

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4. It is the case of the Petitioner that Petitioner was promoted to the rank of Orissa Education Service (School Branch) (Group-A) (Junior) vide notification dt.12.06.2021 so issued by the Government-Opp. Party No.1 under Annexure-2.

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4.1. It is contended that on such promotion to the aforesaid rank, Petitioner was posted as Sr. Block Education Officer. But while so continuing vide the impugned notification dt.04.02.2025, he was posted on transfer as Headmaster, Dakha Govt. High School, Chandbali, Bhadrak.

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4.2. It is contended that post of Headmaster is coming under Orissa Education Service (School Branch) (Group-B). But Petitioner since was already promoted to OES (Sr. Branch) (GroupA)(Junior) vide notification dt.12.06.2021 under Annexure-2, he could not have been transferred to a lower rank vide the impugned notification dt.04.02.2025 under Annexure-1. It is, however, contended that Petitioner in the meantime though has already been relieved, but has not yet joined in his place of transfer.

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5. Considering the contention raised by the learned counsel appearing for the Petitioner, learned Addl. Standing Counsel is directed to obtain instruction on the same.

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6. As requested, list this matter on 28^th March, 2025.

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7. Till the next date, no coercive action shall be taken against the Petitioner.

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6. Pursuant to the order passed on 18.03.2025, learned Addl. Standing Counsel produced the instruction provided by the Department.

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6.1 Basing on the resolution issued by the Department on 25.02.2019, learned Addl. Standing Counsel contended that in terms of the said resolution, interchangability of posts in the Grade of OES (II), OES (JB), OES (SB), OES(ST) OES (SAG) can be made subject to maintaining the seniority of the officer concerned to the rank to which he originally belongs. It is contended that in terms of the said resolution, Petitioner though has been transferred and posted as a Headmaster, but his seniority in the rank of OES (School Branch) (Group-A)(Junior) will be maintained, with protection of his pay and other service benefits. It is accordingly contended that since petitioner in terms of the resolution dt.25.02.2019 has been transferred and posted as a Headmaster, no prejudice will be caused to him on his joining to the said post as his service condition is fully protected.

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7. Basing on the instruction, learned counsel appearing for the Petitioner contended that he may be permitted to join in the place of transfer in terms of the notification dt.04.02.2025, but the break period of service since the date of his relieve and joining be regularized.

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8. Having heard learned counsel for the parities and considering the submission made, this Court while disposing the Writ Petition without interfering with the

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impugned notification, permits the Petitioner to join in his place of transfer by 16^th May, 2025.

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8.1. It is observed that if by 16^th May, 2025 Petitioner submits his joining, he will be allowed to join. However, his seniority in the rank of OES (School Branch) (Group-A) junior as well as other benefit as due and admissible shall remain protected.

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8.2. With regard to the break period of service, taking into account the interim order passed by this Court, be regularised in accordance with law in which this Court expresses no opinion.

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8.3. The Writ Petition accordingly stands disposed of with the aforesaid observation and direction.

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(Biraja Prasanna Satapathy) Judge

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Madhusmita

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Signature Not Verified

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Digitally Signed Signed by: MADHUSMITA MALLICK Reason: Authentication Location: HIGH COURT OF ORISSA, CU TTACK Date: 09-Jul-2025 18:09:53

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