TUNI GOUDA Vs. STATE OF ODISHA AND OTHERS

JUDGEMENT

(1.) In this writ application, a Gana Sikshyaka questions the order of her transfer dated 20.7.2017 under Annexure-3 mainly on the ground that as per the decision of this Court in Hemanta Kumar Ghadei v. State of Odisha and others reported in 2016 (Suppl-I) OLR-1051 a Gana Sikshyaka cannot/should not be transferred. She has further prayed that the opposite parties be directed to allow her to continue in her original place of posting.

(2.) The case of the petitioner is that she was engaged as Gana Sikshyaka pursuant to the order dated 11.6.2008 passed by the opposite party no.2 vide Annexure-1. Accordingly, she joined the services on 13.6.2008 vide Annexure-2. While so working, pursuant to the order no.7935 dated 20.7.2017 of the District Education Officer, Dhenkanal she was transferred from Aluajharana Sevashrama to Sidhashram Primary School by the Block Education Officer, Kamakyanagar under Annexure-3. Pursuant to such transfer order she was relieved on 22.7.2017 to join at Sidhashram Primary School. As indicated earlier, she has filed the present writ application challenging the said order of transfer relying on Hemanta Kumar Ghadei's case (supra).

(3.) Counter affidavit has been filed by opposite party no.4 stating that such transfer has been done as per the rationalization guidelines of the Government contained in Government of Odisha, Department of School and Mass Education Department order No. 10825/SME. Dt.17.6.2017 SME-EL1-Case2-0007-2017 issued by the Additional Secretary to Government, which forms part of Annexure-C/4 series. Relying on the said document, the Collector, Dhenkanal-cum-Chairman, D.L.T.C. has taken a decision under Annexure-A/4 series on 20.7.2017 to transfer the petitioner along with host of others and accordingly relying on such order of the Collector, Dhenkanal-cum-Chairman, D.L.T.C., the Block Education Officer, Kamakyanagar (opposite party no.4) has issued the impugned transfer order. Pursuant to such order, the petitioner has already joined Sidhashrama Primary School on 24.7.2017. Further, it is stated that since the process of regularization of Gana Sikshyakas as regular primary school teachers is at the final stage and since they would be regularized very soon with retrospective effect; therefore, the present status of the petitioner be taken to be regular teacher. In such background, it is contended in the counter that the impugned order of transfer does not suffer from any illegality. However, the counter does not contain any reply to the legal contention raised by the petitioner with regard to such transfer being illegal in the background of judgment of this Court rendered in Hemanta Kumar Ghadei's case (supra)