Bibhuti Bhusan Nayak vs State Of Odisha And Others ..... ...
2026 Latest Caselaw 1037 Ori

Orissa High Court

Bibhuti Bhusan Nayak vs State Of Odisha And Others ..... ... on 5 February, 2026

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                              WP(C) No.3512 of 2026

            Bibhuti Bhusan Nayak                      .....                   Petitioner
                                                               Represented by Adv. -
                                                               Mr. Pitambar Panda

                                              -versus-
            State of Odisha and others               .....          Opposite Parties
                                                               Represented by Adv. -
                                                               Ms. Sasmita Nayak,
                                                               ASC

                                 CORAM:
            THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

                                              ORDER

05.02.2026 Order No.

01. 1. This matter is taken up through Hybrid mode.

2. Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel appearing for the State-Opposite Parties. Perused the writ petition as well as the documents annexed thereto.

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

"Therefore, it is most humbly prayed that this Hon'ble Court may be graciously pleased to admit this writ petition, issue rule Nisi calling upon the Opp. Parties to show cause as to why the Opp. Parties shall not be directed to transfer the Petitioner from Sundargarh district to Bhadrak district as per provision prescribed and the proposal pending before the O.P. No.2 since for last six month, vide Annexure-3 series, and issuing the writ of Mandamus directing the Opp. Parties to transfer the petitioner from Sundargarh

district to Bhadrak district and posted in the Block, where his spouse is working, considering the aspect of social security to one caregiver Husband to his spouse and old aged parents and the spouse who is a Govt. employee in consonance to the provision of rationalisation, within a stipulated period for the interest of Justice. And, pass any order/ orders as deemed just and proper.

And for this act of kindness, the petitioner as in duty bound shall ever pray."

4. Learned counsel for the Petitioner, at the outset, contended that earlier the Petitioner prayed for inter-district transfer on the ground of the spouse in Government service. In the aforesaid context, he also referred to the documents Annexure-3 to the writ application. He further submitted that although the petitioner has prayed for inter-district transfer on the aforesaid ground, however, no final decision has been taken on such prayer of the petitioner contrary to the government resolution. Being aggrieved by such inaction on the part of the Opposite Parties, the Petitioner has approached this Court by filing the present writ application.

5. Learned counsel for the State, on the other hand, contended that he has no instruction in this matter, however, in the event any such application is filed by the Petitioner seeking inter-district transfer on spouse ground is pending and no final decision has been taken thereon, he will have no objection in the event this Court directs the Opposite Party No.2-Director, Secondary Education, Odisha, Bhubnaeswar, who is the competent authority, to take a lawful decision on such application of the Petitioner within a stipulated period of time.

6. Considering the submissions made by the learned counsels appearing for the respective parties, this Court disposes the writ

petition at the stage of admission by directing the Opposite Party No.2-Director, Secondary Education, Odisha, Bhubnaeswar to take a decision on the prayer of the Petitioner, as involved in the Annexure-3 to the writ petition, within a period of four weeks from the date of communication of a certified copy of this order. While considering such application of the Petitioner, the Opposite Party No.2-Director, Secondary Education, Odisha, Bhubnaeswar shall take into consideration the resolution of the Government. The final decision so taken be communicated to the Petitioner within a week thereafter.

(Aditya Kumar Mohapatra ) Judge Debasis/Suchitra