NABA KRISHNA MAHAPATRA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner challenges the legality and validity of the rejection order passed by the Director of Elementary Education, Orissa dtd. 14/2/2022 for Inter-District transferring and prays for quashing of the same on the ground that no inter seniority can be fixed on the basis of date of birth of the employees instead of their valid date of joining.

(2.) The petitioner was initially appointed as a Sikshya Sahayak on 2/4/2011 and posted under DI. Jharsuguda. As per the office order dtd. 7/5/2018 of the DEO, Jharsuguda the service of the petitioner was regularized as Level-V Asst. Teachers. Additionally, he is a locomotor disabled person having 70% permanent disability and also a bronchial asthmatic patent with congenital kyphoscoliosis with reversibility - 91% and require frequent medical treatment.

(3.) Shorn of unnecessary details, the substratum of the matter presented before this court remain that in terms of the guideline issued by the Govt., the petitioner made necessary representation to the Director through DEO for his inter district transfer from present place of posting to Kundaposhi U.G.U.P School, Kuchinda under BEO, Kuchinda, Sambalpur district which is nearby to his native place and such representation was duly recommended by the DEO, Jharsuguda to the Director vide letter no. 2550 dtd. 13/7/2020.