KAURAB CHANDRA PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) PETITIONER was appointed as Swechhasevi Sikshya Sahayak in Boitasarei Primary School under Pallahara Block in the district of Angul on 12.8.2001. After joining the services, he continued as such for a period of 8 years His services were regularized and was appointed as Regular Primary School Teacher by Chief Executive Officer, Zilla Parisad, Angul on 9.4.2008. However, he was directed to continue as Assistant Teacher in Injidi Primary School as per order dated 28.6.2008 issued by the District Inspector of Schools, Palalhara. He continued to work as Assistant Teacher in Injidi Primary School and after completion of more than 10 years of service, his deputation was cancelled and he was transferred to his original place of posting i.e. Boitasarei Primary School vide order dated 28.6.2011 (Annexure -4). Aggrieved by his transfer order, petitioner has preferred this appeal.

(2.) MR . S.N. Mohapatra, learned Standing Counsel for School and Mass Education Department has disputed the jurisdiction of this Court to entertain this writ petition alleging that Section 15 of the Administrative Tribunal Act,1985 (Hereinafter referred to as 'the Act') expressly deals with the jurisdiction, powers and authority of State Administrative Tribunals and according to the said Section, State Administrative Tribunal has all the jurisdiction, powers and authority in relation to recruitment and matters concerning recruitment to any civil services of the State or to any civil post under the State or, to all service matters concerning a person appointed to any civil service of the State or, any civil post under the State. He has submitted that petitioner being a regular primary School teacher under Zilla Parishad is holding a civil post and, therefore, the only forum available to the petitioner to challenge the transfer order is before the Orissa Administrative Tribunal.

(3.) MR . R.C. Behera, learned counsel for the petitioner has urged that petitioner had initially filed an Original Application before the Administrative Tribunal, Cuttack Bench being O.A. NO.2159 (C ) of 2011. However the said OA was withdrawn by the petitioner in view of the preliminary objection raised by Mr. Tripathy, learned StandingCounsel for the Government relating to the maintainability of the OA. Therefore, the petitioner was left with no option but to file this writ. He has placed on record the certified copy of the order dated 6.7.2011 wherein the objection to the jurisdiction of the Tribunal made by learned Standing Counsel of the State has been recorded.