Smrutirekha Kar vs ) State Of Odisha ..... Opposite Parties
2026 Latest Caselaw 846 Ori

Orissa High Court

Smrutirekha Kar vs ) State Of Odisha ..... Opposite Parties on 2 February, 2026

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                IN THE HIGH COURT OF ORISSA AT CUTTACK
                            WP(C) No.3036 of 2026
            Smrutirekha Kar               .....     Petitioner
                                                                  Represented by Adv. -
                                                                  Sushanta Kumar
                                                                  Mishra

                                               -versus-
            1) State Of Odisha                            .....       Opposite Parties
            2) Director Secondary Education,                      Represented by Adv. -
            Bhubaneswar
            3) District Education Officer, Koraput                Mr. S. Behera, AGA
            4) District Education Officer, Bhadrak
            5) District Level Transfer Committee,
            Koraput

                                   CORAM:
                    MR. JUSTICE ADITYA KUMAR MOHAPATRA

                                              ORDER

02.02.2026 Order No.

01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2. Heard learned counsel for the Petitioner as well as learned Additional Government Advocate for the State-Opposite Parties. Perused the writ application as well as the prayer made therein.

3. The Petitioner has filed the present writ application with the following prayer:

"It is therefore, most humbly prayed that this Hon'ble Court may be graciously pleased to:

i) Admit the writ application;

ii) Call for the records;

iii) Direct the 0pp. Parties to transfer the petitioner from Koraput Education District to Bhadrak Education

Bhadrak on the ground of spouse transfer pursuant to the Notification issued by the Government of Odisha the Department of School & Mass Education dt 19.08.2023 & the Notification issued on dt. 14.05.2025 under Annexure- 5 & 6 and consider her grievance as per the representation under Annexure-8 Series and similar situated Secondary School Teachers like the Petitioner are transfer under Annexure-4 Series within a stipulated time.

And pass any other appropriate order/orders, direction/directions as the Hon'ble Court may deem fit and proper in the interest of justice;

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

4. Learned counsel for the Petitioner at the outset contended that the Petitioner is serving as a Teacher at Kuanrsar U.G. High School, Koraput. He further submitted that the husband of the Petitioner is also working as an Ayush Doctor under CHC Agarpada under Bonth Block in the District of Bhadrak. Since both the husband and wife are government employee and having posted at different places, the Petitioner filed an application for his transfer to Bhadrak Education District. In the aforesaid context, learned counsel for the Petitioner drawing attention of this Court to the notification of the School & Mass Education Department, Govt. of Odisha dated 14.05.2025 submitted before this Court that the transfer application has to be considered under the guidelines notified at Annexure-4 & 5 series. Further referring such guideline, learned counsel for the Petitioner submitted that when the spouse of the government employee is also working as a government employee, the spouse can very well be transferred on such ground. In view of the aforesaid

provisions of guideline, the Petitioner approached the Opposite Party No.2 by filling a representation under Annexure-8 series before the Opposite Parties. However, no decision has been taken on such representation of the Petitioner for his transfer to Bonth Education Block, Bhadrak. 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 although he has no specific instruction, however on perusal of the writ application it appears that the petitioner has already submitted his representation before the various authorities. He further submitted that in the event no final decision has been taken with regard to the grievance of the Petitioner by the Opposite parties, he will have no objection in the event this Court directs the Opposite Parties to consider the case of the Petitioner strictly in keeping in view the guidelines at Annexure- 4 & 6 series and dispose of the grievance of the Petitioner by passing a speaking and reasoned order within a stipulated period of time.

6. Having regard to the submissions made by the learned counsels appearing for the respective parties, on a careful examination of the nature of the grievance involved in the present writ application, this Court is of the view that the same can be disposed of at the stage of admission. Accordingly, the present writ application is being disposed of while granting liberty to the Petitioner to file a fresh representation before the

Opposite Party No.2 within two weeks from today along with supporting documents and the guidelines/notification relied upon by the Petitioner. In such eventuality, the Opposite Party No.2 shall do well to consider the grievance of the petitioner strictly in accordance with law and in terms of the guidelines and dispose of the representation of the Petitioner by passing a reasoned order within four weeks from the date of communication of a copy of today's order. The final decision so taken be communicated to the Petitioner within ten days thereafter.

7. With the aforesaid observation, the writ application stands disposed of.

8. Issue urgent certified copy of this order as per Rules.

( A.K. Mohapatra )

Judge

Sisir

Designation: Personal Assistant