Sanjay Kumar Das vs ) State Of Odisha ..... Opposite Parties
2026 Latest Caselaw 970 Ori

Orissa High Court

Sanjay Kumar Das vs ) State Of Odisha ..... Opposite Parties on 4 February, 2026

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                             WP(C) No.3627 of 2026
            Sanjay Kumar Das             .....       Petitioner
                                                                  Represented by Adv. -
                                                                  Kunal Kumar Swain

                                               -versus-
            1) State Of Odisha                            .....        Opposite Parties
            2) Director, Secondary Education,                     Represented by Adv. -
            Bhubaneswar                                           Ms. S.Nayak, A.S.C.
            3) District Education Officer, Balasore

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

                                                      ORDER

Order No.                                         04.02.2026
    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 Standing Counsel 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:

"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 office order dated 18.06.2025 issued by the District Education Officer, Balasore under Annexure:3 transferring the petitioner from Government High School, Jaleswarpur to Dahamunda High School under Bhograi Block in the

district of Balasore may be quashed and the petitioner may be allowed to continue as Trained Graduate Teacher in Arts in Government High School, Jaleswarpur in the district of Balasore after expiry of the current academic year in view of paragraph:4.7 of the judgment of this Hon'ble Court rendered in the case of Ranjan Kumar Tripathy Vs. State of Odisha and others (W.P.(C) No.20875 of 2025 disposed of on 27.11.2025 along with batch of cases) under Annexure:5, 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 on the recommendation of the Hon'ble MP/MLA and pursuant to order dated 18.06.2025 at Annexure-3, the present Petitioner has been transferred from Govt. High School, Jaleswarpur to Dahamunda High School in Bhograi Block of Balasore District. Learned counsel for the Petitioner at this juncture contended that the transfer of the teacher on the recommendation of the MPs/MLAs was the subject matter of dispute before this Court in W.P.(C) No.20875 of 2025 and a batch of similar other writ applications (Ranjan Kumar Tripathy vs State of Odisha and Others). A Coordinate Bench of this Court vide judgment dated 27.11.2025 considered the aforesaid ground of transfer of the teachers on the recommendation of Hon'ble MPs/MLAs and finally issued a direction in Para-4.7 of the said order. For better appreciation the Para-4.7 of the judgment dated 27.11.2025 is quoted

hereinbelow.

5. On perusal of the transfer order dated 18.06.2025, it appears that the Petitioner has been transferred on the recommendation of the Hon'ble MP/MLA. Thus, the impugned order squarely falls within the ratio laid down by the Coordinate Bench in its judgment at Anenxure-5 i.e. in the case of Ranjan Kumar Tripathy's case (supra).

6. Learned counsel for the State on the other hand contended that she has no specific instruction in the matter, however in the event the Petitioner is aggrieved by the transfer order dated 18.06.2025 at Annexure-3, it is open to the petitioner to approach the appropriate authority for redressal of his grievance in accordance with law within a stipulated period of time and that he will have no objection to such direction given by the Court.

7. Having regard to the submissions made by the learned counsels for the Parties, on a careful examination of the dispute involved in the present writ application, further taking note of the judgment of the Coordinate Bench in Ranjan Kumar Tripathy's case (supra), this Court deems it proper to dispose of the present writ application at the stage of admission by granting liberty to the Petitioner to approach the Opposite Party No.2 by filing a detailed representation along with a copy of the common judgment of the Coordinate Bench in Ranjan Kumar Tripathy's case (supra) within a period of ten days from today. In such eventuality, the Opposite Party No.2 shall do well to consider

the grievance of the Petitioner in accordance with law and by taking into consideration ratio laid down by the Coordinate Bench in the abovenoted judgment and redress the grievance of the Petitioner by passing a speaking and reasoned order within four weeks from the date the petitioner approaches the Opposite party No.1. The final decision so taken be communicated to the Petitioner within a week thereafter.

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

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

( A.K. Mohapatra ) Judge

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