GAGAN BIHARI PATRA Vs. UNION OF INDIA

JUDGEMENT

(1.) The common question that arises in the three writ appeals which challenge a common order of the learned Single Judge dismissing the corresponding writ petitions of the Appellants is whether a Collector of a District is empowered to transfer a Gram Rozgar Sevak (GRS) engaged as such under Sec. 18 of the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (MGNREG Act) read with the MGNREGA's Operational Guidelines, 2013? The same question arises for consideration in the three connected writ petitions.

(2.) It must be mentioned at the outset that the impugned transfer order issued by the Collector, Kalahandi as far as writ appeals filed by Gagan Bihari Patra (in W.A. No.401 of 2017) and Amir Harijan (in W.A. No.402 of 2017), is dtd. 14/9/2017. While by the said order, Gagan Bihari Patra was transferred from Champadeipur Gram Panchayat (GP) in the Lanjigarh Block to Talnagi GP in Th. Rampur Block, Amir Harijan was transferred from Talnagi GP to Champadeipur GP. The reason given in the impugned office order is that they were being transferred on "administrative ground."

(3.) The learned Single Judge has while dismissing the writ petitions relied on an earlier judgment dtd. 11/10/2017 in W.P.(C) No.19627 of 2017 (and batch of cases) in Jitendra Kumar Pati v. State of Orissa, which had been dismissed with the following observations: