DINABANDHU KAR Vs. STATE OF ODISHA AND OTHERS

JUDGEMENT

(1.) This writ petition is under Articles 226 and 227 of the Constitution of India assailing the order dated 21.7.2016 passed by the Orissa Administrative Tribunal, Cuttack Bench, Cuttack in O.A.No. 1922(C) of 2015 wherein the order of transfer as contained in Office Order No.16661 dated 28.5.2015 has been refused to be interfered with by dismissing the Original Application.

(2.) The petitioner's case is that he was appointed as driver in pursuance of the order dated 13.8.1996, which is under the Directorate cadre and as such, his transfer from Bhubaneswar Special Jail to Choudwar Central Jail vide order No. 16661 dated 28.5.2015 is illegal reason being that since he is of the Directorate cadre, he cannot be transferred elsewhere save and except to remain posted in the office of the Directorate, but the Tribunal without appreciating this aspect of the matter, has dismissed the Original Application treating him as a driver under the State cadre, which is impugned in the instant writ petition.

(3.) The opposite party-State has put its appearance before the Tribunal as before this Court and has taken a specific stand that the petitioner was appointed under the State cadre by virtue of the order dated 13.8.1996 with a specific direction to report for duty before the Superintendent, Bhubaneswar Special Jail on account of the vacancy having arisen due to retirement of a driver. He has been directed to go for medical examination being a selected and available candidate in the merit list prepared on account of an advertisement, in pursuance thereto the proceedings of the selection committee was held in the year 1995 as would be evident from Annexure-B/1 in which the petitioner being a candidate belonging to the general category could not have been selected due to non-availability of a vacancy although his name was appearing at Sl.No.5, but the candidates whose names were appearing at Sl.Nos.1, 2, and 3 had been selected. He, thereafter, has submitted his joining report before the Bhubaneswar Special Jail and from there he has been transferred to report to the Choudwar Central Jail. Hence, his service since was under the State cadre, he was transferred from Bhubaneswar Special Jail to Choudwar Central Jail. As such, the order of transfer has got no infirmity. It is further submitted that the Tribunal after taking into consideration this aspect of the matter, has dismissed the O.A.