Dr. Akshaya Kumar Mohanty Vs State of Odisha

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

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The present writ petition has been filed by the Petitioner with the following prayers:-

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“In the above facts and circumstances, it is therefore most respectfully prayed that this Hon'ble Court may be pleased to:

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issue a writ of Certiorari or any other appropriate writ, order, or direction quashing/setting aside the Office Order No.2399/HE dated 15.01.2026 (Annexure-2)

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Page 1 of 4.

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issued by the Department of Higher Education, Government of Odisha, whereby the Petitioner has been transferred at the fag end of his service career;

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And pass such other order(s) or direction(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.”

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Learned counsel for the Petitioner, at the outset, contended that being aggrieved by order of transfer dated 15.01.2026 issued under signature of the Joint Secretary to Government of Odisha, Higher Education Department at Annexure-2, the Petitioner has approached this Court by filing the present writ petition.

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In course of his argument, learned counsel for the Petitioner contended that the Petitioner has been transferred with a mala fide intention. He further submitted that the Petitioner is going to retire from service on 30.09.2026. In the aforesaid context, learned counsel for the Petitioner referred to the guideline under Anexure-4. He further submitted that ventilating his grievance before the Director, Higher Education Department, Odisha, Bhubaneswar, the Petitioner has submitted his representation dated 20.01.2026 at Annexure-3. However, no final decision has been taken on such representation as of now. Being aggrieved by the inaction on the part of the Opposite Party No.2-Director, Higher Education Department, Odisha, Bhubaneswar, the Petitioner has approached this Court by filing the present writ

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Page 2 of 4.

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petition.

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Learned counsel for the State, on the other hand, contended that although the Petitioner has no instruction in the matter, however, taking into consideration the fact that the Petitioner has already approached the Opposite Party No.2, who is the competent authority, by ventilating his grievance in his representation dated 20.01.2026 at Annexure-3 and in the event such representation is pending before the Opposite Party No.2, she will have no objection in the event this Court directs the Opposite Party No.2 to consider the grievance of the Petitioner strictly in accordance with law as well as the notification/guidelines applicable to the Petitioner within a stipulated period of time.

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Considering the submissions made by the learned counsels appearing for the respective parties, this Court deems it proper to dispose of the writ petition at the stage of admission by directing the Opposite Party No.2-Director, Higher Education Department, Odisha, Bhubaneswar to consider and dispose of the representation of the Petitioner dated 20.01.2026 under Annexure-3 in terms of the applicable notification/guidelines within a period of four weeks from the date of communication of a certified copy of this order. Let the Petitioner approach the Opposite Party No.2 within two weeks from today along with a copy of this order. The final decision, which is likely to be taken by the Opposite Party

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Page 3 of 4.

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No.2, be communicated to the Petitioner within a week thereafter. It is further directed that in the event the Petitioner has not been relieved pursuant to the transfer order under Annexure-2, he shall be allowed to continue at his present place of posting for a period of eight weeks or till disposal of the representation of the Petitioner, whichever is earlier.

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