WP(C)/26254/2026 of PROF.(DR.)TARUN KUMAR PANDA Vs STATE OF ORISSA on 10 September 2026

ORDER

10.09.2026 I.A No.17661 of 2026 & W.P.(C )No.26254 of 2026

8.

1. This matter is taken up through Hybrid

Arrangement (Virtual/Physical) Mode.

2. Heard learned counsel for appearing for the Parties.

3. I.A No.17661 of 2026 has been filed by the State seeking modification of order dtd.25.08.2026. Copy of the I.A is provided to the learned Sr. Counsel appearing for the Petitioner in Court. Though the I.A was not on the board, but on being mentioned by the learned State Counsel, the same was taken up along with the Writ Petition.

4. The present Writ Petition has been filed inter alia challenging notification dtd.13.08.2026 so passed by the Government-Opp. party No.1 under Annexure-1. Vide the said order, Petitioner has been transferred and posted as such to SLN Medical College & Hospital, Korput vide

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Professor Dr. Subhabrata Parida, who has been transferred and posted to S.C.B Medical College and Hospital, Cuttack against existing vacancy.

5. It is the main contention of the learned Sr. Counsel appearing for the Petitioner while challenging the impugned order is that Petitioner after completing around 3(three) years in KBK district was transferred and posted to S.C.B Medical College and Hospital, Cuttack vide notification dtd.15.03.2024 under Annexure-6.

5.1. It is contended that since Petitioner had earlier rendered services for more than 3 years in KBK, in violation to the guideline issued by the G.A ad P.G. Department on 22.05.2026 under Annexure-2 and so also the guideline issued by the Govt in the Family Welfare Department on 30.08.2017, Petitioner could not have been transferred to KBK district once again.

5.2. It is also contended that vide dtd.15.03.2024 along with the Petitioner when Dr. Ratnamani Dalai was transferred and posted to S.C.B Medical College and Hospital, Cuttack, while continuing in FMMCH, Balasore. It is further contended that Dr. Ramamani Dalai has never been transferred to KBK district and after continuing for some years in Balasore, she was transferred to S.C.B.Medical College and Hospital, Cuttack. But while allowing Dr. Ratnamani

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Dalai to continue in SCB Medical College and Hospital, Cuttack, Petitioner has been discriminated.

5.3. Placing reliance on the resolution issued by the G.A. Department on 16.08.2001, learned Sr. Counsel contended that an employee liable to all Odisha transfers, who goes on posting to any of the districts in KBK, will, after completion of 3 years of service, excluding the period spent on leave, be offered a posting of his choice. It is contended that since Petitioner prior to her posting in SCB Medical College and Hospital, Cuttack vide notification dtd.16.03.2024 had already completed 3 years in KBK, in view of the resolution issued by the G.A Department notification on 16.08.2001, he should not have been posted once again to KBK vide the impugned notification dtd.13.08.2026.

5.4. It is further contended that on the face of the order passed by this Court on 18.08.2026 and subsequent order passed on 25.08.2026, Petitioner is not being allowed to discharge his duty, even though there is a vacancy available in the rank of Professor in the Department of Ophthalmology in S.C.B. Medical College and Hospital, Cuttack. It is accordingly contended that Opp. party No.1 be directed to take a fresh decision on the Petitioner’s claim to continue in SCB Medical College

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& Hospital, Cuttack, within a stipulated time period and till then his interest be protected.

5.5. Making all these submissions, learned Sr. Counsel contended that since Petitioner has been discriminated vis-à-vis Dr. Ratnamani Dalai and has been put under transfer contrary to the resolution issued by the G.A. Department on 16.08.2001, the transfer guideline issued by the G.A Department on 22.05.2026 under Annexure-2 and the guideline issued by the Health and Family Welfare Department on 30.08.2017, the impugned order of transfer is liable for interference of this Court.

6. Mr. P.K. Panda, learned Addl. Standing Counsel on the other hand basing on the instruction contended that vide the impugned dtd.13.08.2026, Dr. Subhabrata Parida has been transferred and posted to SCB Medical College and Hospital, Cuttack against an existing vacancy. But since Dr. Parida has been transferred from SLNMCH, Koraput to SCB Medical College & Hospital, Cuttack, there is a clear vacancy in Koraput in the rank of Professor and that is why Petitioner has been transferred to the same place, vice Dr. Subhabrata Parida. It is also contended that guideline issued by the P.G. Department on 22.05.2026 under Annexure-2 and the guideline issued by the Health and Family Welfare Department on 30.09.2017 can be

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relaxed in case of public exigency and it is not mandatory.

6.1. Learned Addl. Standing Counsel further contended that by the time this Court passed the Interim order on 18.08.2026 directing the Opp. parties not to take any coercive action, Petitioner had already been relieved on 14.08.2026. Accordingly, Petitioner was not allowed to continue in SCB Medical College and Hospital, Cuttack, even on the face of the order passed on 18.08.2026 and 25.08.2026.

7. Having heard learned counsel appearing for the parties and considering the submission made, this Court finds that Petitioner while continuing in BBMCH, Bolangir coming under KBK, he was transferred and posted to S.C.B Medical College and Hospital, Cuttack vide notification dtd.15.03.2024 under Annexure-6. As found from the said notification, Dr. Ramamani Dalai was also transferred to S.C.B Medical College and Hospital, Cuttack in the same cadre, while continuing in FMMCH, Balasore.

7.1. However as found, Petitioner has again been put under transfer vide the impugned dtd.13.08.2026 under Annexure-1 to SLNMCH, Koraput, coming under KBK, even though Dr. Ramamani Dalai is being allowed to continue in S.C.B Medical College and

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Hospital Cuttack. Placing reliance on the guideline issued by the G.A & P.G Department on 16.08.2001, so far as transfer and posting of Officers earlier continuing under KBK district, guideline issued under Annexure-2 dtd.22.05.2026 and Health and Family Welfare Department notification dtd. 30.09.2017, this Court is of the view that Petitioner’s claim to continue in SCB Medical College and Hospital, Cuttack requires a fresh consideration by Opp. party No.1. Accordingly, this Court while disposing the Writ Petition directs Opp. party No.1 to take a lawful decision on the Petitioner’s claim within a period of two (2) weeks from the date of receipt of this order. Petitioner is permitted to provide a copy of this order to Opp. party No.1 for compliance.

7.2. Till a decision is taken, interim passed on 18.08.2026 shall continue.

8. The Writ Petition along with all pending I.As accordingly stand disposed of.

(Biraja Prasanna Satapathy) Sangita

Judge

Digitally Signed Signed by: SANGITA PATRA Reason: AUTHENTICATION OF ORDER Location: HIGH COURT OF ORISSA, CUTTACK Date: 11-Sep-2026 19:48:12 Signature Not Verified