STATE OF ORISSA Vs. MINARVA DASH

JUDGEMENT

(1.) This writ petition is under Articles 226 and 227 of the Constitution of India whereby and where under the order 01.07.2016 passed by the State Administrative Tribunal, Principal Bench, Bhubaneswar in O.A. No. 2760 of 2015 is under challenge having been assailed by the State of Orissa wherein order of transfer dated 12.6.2015 and order dated 17.10.2015 has been quashed by the Tribunal.

(2.) Brief facts of the case is that the opposite party no.1/applicant had joined in her service as an Assistant Teacher(TG) in Kada Baranga Girls High School in the district of Bhadrak on 1.7.1981. She was transferred to Cuttack circle and joined in Bhakta Madhu Bidyapitha, Cuttack on 1.11.1996 but while she was continuing as such, she was promoted to the cadre of Sr. SES and then Inspector of Schools, posted her as Headmaster of Sahid Smruti Bidyapitha on 8.11.2011. The opposite party no.1 while continuing as such, made representation for her transfer on the ground of suffering with serious cardiac problem and accordingly she was posted at Kunjabihari Jew High School, Chauliaganj, Cuttack as Headmaster.

(3.) Learned counsel for the petitioners-State of Orissa has submitted that the order of transfer is on administrative reason, same has been passed on the basis of the complaint having been received against the opposite party no.1 and since she was discharging her duty as Headmaster, Headmaster being the head of the institution, cannot be allowed to involve herself in the miss-management of the school, only in order to maintain good atmosphere in the school, she has been transferred on administrative ground.