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Orissa High Court
Smt. Nirmala Nayak vs State Of Odisha And Others ..... ... on 9 April, 2026
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.10564 of 2026
Smt. Nirmala Nayak ..... Petitioner
Represented by Adv. -
Kunal Kumar Swain
-versus-
State Of Odisha and others ..... Opposite Parties
Mr. D.K. Sahoo, AGA
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
09.04.2026
Order No.
01. 1. This matter is taken up through Hybrid mode.
2. Heard learned counsel for the Petitioner as well as learned
counsel for the State-Opposite Parties. Perused the writ application
as well as the documents annexed thereto.
3. The Petitioner has filed the present writ application with the
following prayer:
"Under the above circumstances, it is humbly
prayed that the writ petition may be allowed;
And
(A) a writ of Certiorari or an appropriate
writ may be issued quashing the impugned
order dated 31.03.2026 passed by the
District Education Officer, Cuttack under
Annexure:4 transferring the petitioner from
Radhakanta High School, Nuagaon under
Niali Block to Gopapur Girls' High School,
Gopapur under Badamba Block in the
district of Cuttack and necessary direction
may be made to the opposite parties to allow
the petitioner to continue in Radhakanta
High School, Nuagaon under Niali Block in
the district of Cuttack with all consequential
service benefits, within a time to be
stipulated by this Hon'ble Court;
(B) And any other order / orders or
direction/directions may be issued so as to
give complete relief to the petitioner;"
4. Learned counsel for the Petitioner at the outset contended that
initially the Petitioner was appointed as a Hindi Teacher on
17.08.1990 by the Managing Committee of the school in question.
Thereafter, the Petitioner joined in duty. In the year 2004, by virtue
of a notification dated 13.09.2004 the school was selected by the
Government for receiving Block Grant w.e.f. 01.01.2004 as per the
Grant-in-Aid Order, 2004 and the appointment of the Petitioner was
duly approved by the then Inspector of Schools, Cuttack Circle,
Cuttack vide office order dated 13.09.2004.
5. The Petitioner while working as a Hindi Teacher in the school
in question, the DEO, Cuttack vide order dated 31.03.2026 has
transferred the Petitioner from Radhakanta High School, Nuagaon
under Niali Block to Gopapur Girls' High School, Gopapur under
Badamba Block in Cuttack District. Such transfer has been made on
the ground of administrative exigency. Being aggrieved by such
order of transfer, the Petitioner has approached this Court by filing
the present writ petition.
6. Learned counsel for the Petitioner at the outset contended that
the distance between the two schools is 140 K.Ms. He further
contended that the Petitioner is the only Hindi Teacher in the school
where she is discharging her duties at the moment. He further
contended that since the Petitioner is a block grant teacher, she does
not come under the common cadre made for the aided education
institution. As such, learned counsel for the Petitioner argued that
the case of the Petitioner does not fall within the ambit of Odisha
Aided Educational Institutions' Employees Common Cadre and
Inter-transferability Rules, 1979. On such ground, learned counsel
for the Petitioner contended that the impugned order dated
31.03.2026 at Annexure-4 is unsustainable in law.
7. Learned counsel for the Petitioner further contended that
raising objection to the impugned order dated 31.03.2026 at
Annexure-4, the Petitioner has already approached the Director,
Secondary Education, Odisha-Opposite Party No.2 by filing a
detailed representation at Annexure-6 to the writ petition. However,
no final decision has been taken on such representation of the
Petitioner. Being aggrieved by the inaction of the Opposite Party
No.2 in disposing of the representation of the Petitioner, the
Petitioner was compelled to approach this Court by filing the present
writ petition.
8. Learned counsel for the State on the other hand contended that
although he has no specific instruction in the matter, however, taking
into consideration the fact that the Petitioner has already approached
the Opposite Party No.2-competent authority and in the event no
final decision has been taken on such representation of the
Petitioner, he will have no objection in the event this Court directs
the Opposite Party No.2 to take a lawful decision on such
representation within a stipulated period of time.
9. Considering the submissions made by the learned counsels
appearing for the respective parties, on a careful examination of the
background facts, further on a close scrutiny of the impugned order
dated 31.03.2026 at Annexure-4, and on a careful examination of the
submission made by the learned counsel for the Petitioner, this Court
deems it proper to dispose of the writ petition at the stage of
admission by directing the Opposite Party No.2 to consider and
dispose of the representation of the Petitioner at Annexure-6 within a
period of four weeks from the date of communication of a certified
copy of today's order. The Opposite Party No.2 shall do well to
dispose of the representation of the Petitioner by passing a speaking
and reasoned order. It is further directed that till the representation of
the Petitioner is disposed of in the manner as has been directed
hereinabove, the impugned order dated 31.03.2026 at Annexure-4, if
not yet given effect to, shall not be given effect to for a period of six
weeks.
10. With the aforesaid observations/directions, the writ
application stands disposed of.
Issue urgent certified copy of this order as per Rules.
( Aditya Kumar Mohapatra )
Judge
S.K. Rout
Location: High Court of Orissa, Cuttack
Date: 09-Apr-2026 17:37:48
