High CourtsSingle Bench(2024) 02 OHC CK 0051

Jitendra Kumar Sahoo Vs State Of Odisha & Others

Orissa High Court · Decided on 7 February 2024

HON’BLE JUDGES
M.S. Raman, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No.76 Of 2024

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Judgment

7 paragraphs · 262 words

M.S. Raman, J

1.

This matter is taken up through hybrid mode.

2.

Mr. Sukanta Kumar Dalai, learned counsel for the petitioner advanced argument by submitting that a chain of transfer has been promulgated by Office Order No.5630/ZP dated 15.12.2023, wherein name of the present petitioner finds place at Sl. No.8 under Simulia Block and he was transferred from Muruna to Anandapur. Mr. S.K. Dalai, learned counsel for the petitioner further submitted that on 25.08.2023 a proviso is sought to be added with respect to “transfer” in the “Comprehensive Guidelines for Selection & Engagement of Gram Rozgar Sevak (GRS) under MGNREGS” issued vide Department Order Nos.6681 dated 06.04.2018 and 7693 dated 29.04.2021. It is further submitted that the transfer effected in the month of December, 2023 is directly contradictory to the said proviso, wherein it has been stipulated that “Routine transfers of the GRS shall be carried out during the summer vacation of an educational year”. Since December, 2023 is not coming within the fold of the said clause, the transfer qua the present petitioner is required to be set-aside.

3.

At this stage, Mr. A.R. Dash, learned Additional Government Advocate appearing for the opposite parties-State seeks some time to obtain instruction in the matter.

4.

Since this is a case of transfer, that requires urgent indulgence, Mr. A.R. Dash, learned Additional Government Advocate is instructed to obtain instructions by the next week.

5.

List this matter on 15.02.2024. Interlocutory Application filed by the petitioner may be considered upon obtaining instruction by the learned Additional Government Advocate on the said date.

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