PRIYANKA MOHANTY Vs. STATE OF ORISSA AND OTHERS

JUDGEMENT

(1.) This writ petition is directed against Order No.662 dated 30.6.2016 passed by the Block Education Officer, Derabish by which the petitioner, who has been working as a Sikhya Sahayak, has been transferred from Teldia Primary School to Bankimundai Upper Primary School under Derabish Block in the district of Kendrapara.

(2.) The short fact of the case of the petitioner is that having requisite qualification, she was selected as Sikhya Sahayak by the Collector - cum -Chief Executive Officer, Zilla Parishad, Kendrapara and given posting at Teldia Primary School under Derabish Block vide office order No.101 dated 13.01.2015. The petitioner in terms of the said order has started discharging her duties. The Government of Orissa in School and Mass Education Department has come up with policy decision as contained in Letter No. 11134 dated 4.6.2016 directing the Collectors -cum -Chief Executive Officers, Zilla Parishads to take up rationalization of teachers in elementary schools for the year 2016 -17 as per the conditions stipulated therein and to conclude the process of rationalization by June, 2016. The authorities have come up with the transfer order on 30.6.2016 whereby and whereunder the petitioner has been transferred from Teldia Primary School to Bankimundai Upper Primary School, which is 15 kms. away from the present place of working. The ground of assailing the order of transfer is that the District Level Transfer Committee is having no jurisdiction to issue the order of transfer and the Sikhya Sahayaks cannot be transferred since there is no policy decision or rules having been formulated by the competent authority in this regard. The authorities have not taken into consideration the practical difficulties of the petitioner, who is a physically handicapped lady and she has been transferred to a place where there is no facilities of transportation.

(3.) Learned counsel for the petitioner has relied upon the judgment passed by this Court in the case of Sk.Zafrullah and others v. State of Orissa and others, 2013(I) OLR - 432.