DR. KALYANI PARIDA Vs. STATE OF ODISHA

JUDGEMENT

(1.) This writ petition is under Articles 226 and 227 of the Constitution of India wherein the order dated 10.4.2017 passed by the Orissa Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No. 873(C) of 2017 is under challenge whereby and where under the Tribunal while issuing notice upon the opposite parties/State authorities in the order of transfer transferring the petitioner but refused to grant interim order.

(2.) Brief facts of the case is that the petitioner/applicant while working as Associate Professor, Radio-diagnosis, S.C.B. Medical College and Hospital, Cuttack was transferred and posted as Officer-on-Special Duty in the office of the DMET,Orissa, Bhubaneswar vide order dated 15.9.2015 and while she was posted there, a departmental proceeding was initiated against her vide order dated 16.6.2016 under Rule 15 of the Orissa Civil Service(Classification, Control and Appeal) Rules,1962. The Government of Orissa has come out a notification dated 25.3.2017 by which large number of medical college teachers were promoted to the post of Professor/Associate Professor and posted at different medical colleges including the new medical colleges i.e. TRMMCH, Baripada and SLNMCH, Koraput and in the same order the petitioner, vide memo No.8532 dated 25.3.2017, has been transferred and posted to SLNMCH, Koraput against the existing vacancy.

(3.) This Court vide order dated 12.4.2017 has directed the learned Additional Government Advocate to obtain instruction in the matter, in pursuance thereof, learned Additional Government Advocate has argued the case at length by submitting that since the order of transfer of the petitioner, who is the incumbent of a specialist category of the post in the health service having worked as Associate Professor in the Radia-diagnosis in the SCB Medical College and Hospital,Cuttack and as such, the Government after taking decision to promote medical college teachers to the post of Professor/Associate Professor and posted her in public interest, hence due to larger interest of the people she has been posted at SLNMCH, Koraput, as such it cannot be said that it is by way of colourable exercise of power.