SULATA MOHAPATRA Vs. CHIEF SECRETARY, GOVERNMENT OF ODISHA

JUDGEMENT

(1.) In this aforementioned writ petition, the petitioner who has been promoted to the post of Professor by virtue of order dtd. 6/4/2022 of the Assistant Secretary to Government, Health and Family Welfare Department, has challenged the place of posting at Government Medical College at Keonjhar instead of allowing her to continue at SCB Medical College and Hospital, Cuttack. She contends that on account of her seniority within her cadre and the medical condition of her and her husband, the decision of the authorities is illegal, mala fide and violation of the transfer policy introduced by the Department of Health and Family Welfare, Government of Odisha.

(2.) Now, since the cause of action of both the aforementioned Writ Petitions are broadly similar, these are being taken up together and have been dealt with by this common judgment treating the W.P.(C) No.9301 of 2022 as the leading case.

(3.) The present writ petitioner was initially appointed as an Asst. Surgeon in Koraput on 30/9/1991 and after completing her Post Graduate in Physiology she was posted as Lecturer in Physiology at SCB Medical College and Hospital, Cuttack in the year 2003. Thereafter, she was promoted to the post of Associate Professor in the year 2006 and was transferred to VIMSAR Burla and served there. Therein, she suffered from PID (Prolapsed Intervertibral Disease) and CVI Grade-III (Chronic Venus Insufficient). Accordingly, the authority considered her representation and transferred her to SCB Medical College and Hospital, Cuttack and posted her as Associate Professor in Physiology on 1/12/2017.