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Orissa High Court
Minati Dalai vs State Of Odisha And Others ..... ... on 16 March, 2026
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.7637 of 2026
Minati Dalai ..... Petitioner
Represented by Adv. -
Mr. Shibani Sankar Pradhan
-versus-
State of Odisha and others ..... Opposite Party
Represented by Adv. -
Mr. U.C. Jena, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
16.03.2026
Order No.
01. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. Heard the learned counsel for the Petitioner as well as
learned counsel for the State. Perused the writ petition as well
as the documents annexed thereto.
3. By filing the present writ petition, the Petitioner has made
the following prayers:-
"It is therefore, humbly prayed that this
Hon'ble Court may be graciously pleased to:
i) Admit the writ application.
ii) Call for the records.
iii) Issue a writ in the nature of Certiorari or any
other writ/writs, by quashing the impugned Govt.
Letter No.13414 dt.l3.05.2025 issued by the Opp.
Party No.l, so also the consequential transfer order
No.9560 and 9568 dt.23.10.2025 issued by the Opp.
Party No.4 under Annexure-2 series in so far as it
relate to the present petitioner and Opp. Party No.6
are concerned and to declare the same as illegal,
arbitrary and contrary to the law governing the field.
iv) Issue a writ in the nature of Mandamus or any
other appropriate writ/writs, order/orders,
direction/directions by directing the opposite parties,
more particularly opposite party No. 1 to 5 to restore
the service of the petitioner to the original place
wherein he was working before issuance of the
impugned transfer orders following the expiry of
academic year 2025-26.
v) And/or pass such other order/orders,
direction/directions as this Hon'ble Court may deems
fit and proper for the ends of justice."
4. Learned counsel for the Petitioner, at the outset, contended
that being aggrieved by the impugned order of transfer at
Annexure-2 series dated 23.10.2025 whereby the Petitioner has
been transferred from Aishaneswar Nodal B.P. Athatira to
Kakatpur Girls' Nodal High School on the recommendation of
local M.P./M.L.A., the Petitioner has approached this Court by
filing the present writ petition. In the aforesaid context, learned
counsel for the Petitioner, at the outset, referred to the judgment
of this Court in Ranjan Kumar Tripathy v. State of Odisha &
Others and a batch of writ petitions decided in W.P.(C)
No.20875 of 2025 vide judgment dated 27.11.2025 and
submitted before this Court that the transfer of Government
employee Teachers on the recommendation of the M.P./M.L.A.
is bad in law, as has been held by a coordinate Bench of this
Court in the above noted case. On such ground, learned counsel
for the Petitioner contended that the conduct of the Opposite
Parties is not conformity with the observation of the coordinate
Bench in para-4.7 of the judgment in Ranjan Kumar Tripathy's
case (supra) and, as such, it is contended before this Court that
the impugned transfer order is unsustainable in law.
5. Learned counsel for the State, on the other hand,
contended that the Petitioner has not approached the Opposite
Parties before approaching this Court by filing the present writ
petition. In such view of the matter, learned counsel for the State
contended that in the event this Court grants liberty to the
Petitioner to approach Opposite Party for redressal of her
grievance in accordance with law and in terms of the above
noted judgment, he will have no objection to the same.
6. Having regard to the submissions made by the learned
counsels appearing for both sides and on a careful examination
of the background facts of the present case and further taking
note of the ratio laid down by a coordinate Bench of this Court
in the case of Ranjan Kumar Tripathy's case (supra), this Court
deems it proper to dispose of the writ petition at the stage
admission by granting liberty to the Petitioner to approach the
Opposite Party No.4-District Education Officer, Puri for
redressal of her grievance by filing a detailed representation
taking therein all the grounds along with the supporting
documents as well as the judgment of this Court in Ranjan
Kumar Tripathy's case (supra) within ten days from today. In
such eventuality, the Opposite Party No.4 shall do well to
consider the grievance of the Petitioner and dispose of the
representation of the Petitioner within a period of four weeks
from the date of filing such representation. The final decision so
taken on such representation be communicated to the Petitioner
within a week thereafter.
7. With the aforesaid observation and direction, the writ
petition stands disposed of.
(Aditya Kumar Mohapatra )
Judge
Debasis
