AJAY KU. PATTNAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) Petitioner was appointed as Sikshya Sahayak in Bhimpur Primary School, Jatani vide engagement order No.2482 dated 23.12.2006 issued by the Collector-cum-Chief Executive Officer, Zilla Parishad, Khurda vide order No.5026 dated 4.8.2011 issued by the District Inspector of Schools, Bhubaneswar. He has been transferred to Jagannath Rath Nodal Upper Primary School, Taraboi on the complaint of and protest by some villagers. Aggrieved by the transfer order, he has filed this petition.

(2.) Petitioner has challenged the transfer order on two grounds. Firstly, the District Inspector of Schools issued the transfer order without even holding a proper enquiry and Secondly, he had no authority to transfer the petitioner, not being the appointing authority.

(3.) Learned Standing counsel for the respondents has submitted that petitioner transferred under compelling circumstances in the interest of the students and smooth functioning of Bhimpur Primary School and since the transfer of the petitioner is an incident of service, it cannot be challenged in the writ. He has further submitted that although the petitioner was appointed as Sikshya Sahayak but since he would be entering into the post of regular primary school teacher on successful completion of six years continuous service i.e. three years as Sikshya Sahayak and another three years as Junior teachers and therefore, the principle of transfer applicable to regular Primary School Teachers is also applicable to the petitioner and, therefore, the District Inspector of Schools is within his powers and authority to issue the order dated 4.8.2011.