WP(C)/27569/2026 of ANIL KUMAR NAIK Vs STATE OF ODISHA on 29 August 2026

ORDER

29.08.2026

01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2. Heard learned counsel appearing for the Parties.

3. The present Writ Petition has been filed inter alia with the following prayer:- “ In the facts and circumstances stated above, the humble Petitioner respectfully prays that, this Hon'ble Court may graciously be pleased to:-

(i) Admit the writ application;

(ii) To quash the order dated 15.06.2026 (Annexure-5);

(iii) Direct the Opp. Parties to allow the petitioner to continue in the present place of posting or in alternative post him within the Athmallik (KL) Division in accordance with the guideline dated 22.05.2026 (Annexure-7);

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And/or pass any such other or further writ(s)/order(s)/ direction(s) which give complete relief to the Petitioner; And for this act of kindness the petitioner shall as in duty bound ever pray.”

4. It is contended that since Petitioner’s wife is working in Madhapur High School, Madhapur in the district of Angul, which is around 20 Kms. from the present place of posting of the Petitioner, but Petitioner vide the impugned order dtd.15.06.2026 so issued under Annexure-5 by Opposite Party No.3, has been transferred from Athmallik (KL) Division to Angul (KL) Division.

4.1. It is contended that as per the Notification issued by the Government on 22.05.2026 under Annexure-7, more particularly, Para-7 of the guidelines ,in case both the husband and wife are working under the State Government, they may be posted in one station subject to the restriction indicated in Clause-4 above, and such posting shall ordinarily be avoided in respect of sensitive posts. Section-7 of the guidelines reads as follows:- “7. In case both the husband and wife are working under the State Government, they may be posted in one station subject to the restriction indicated in Clause-4 above that such posting shall ordinarily be avoided in respect of sensitive posts.”

4.2. It is contended that without following the guidelines, Petitioner though has been put under transfer vide the impugned order dtd.15.06.2026 under Annexure-5, but till date he has not yet been relieved.

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4.3. It is accordingly contended that since the impugned order of transfer has been issued without following the notification dtd.22.05.2026 under Annexure-7, the impugned order of transfer needs interference of this Court.

5. Learned Addl. Government Advocate for the State on the other hand contended that if Petitioner has any grievance with regard to such transfer should have raised his claim before the competent authority. Since Petitioner has not yet approached any authority ventilating his grievance, the writ petition is not maintainable and premature in nature.

6. Having heard learned counsel appearing for the Parties and considering the submissions made, this Court finds that Petitioner has been put under transfer vide order dtd.15.06.2026 under Annexure-5 from Athmallik (KL) Division to Angul (KL) Division.

6.1. It is also found that Petitioner’s wife is working as a Teacher in Madhapur High School, Madhapur, which is around 20 Kms. from the place of posting of her husband as contended.

6.2. It is found from Clause-7 of the Notification issued by the GA & PG Department issued on 22.05.2026 under Annexure-7, both husband and wife may be posted in one place subject to the restriction indicated under Clause-4.

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In view of the guidelines governing the field and the fact that Petitioner has not yet been relieved, this Court while disposing the Writ Petition permits the Petitioner to move Opposite Party No.2 for consideration of his grievance as made in the Writ Petition.

6.3. It is observed that if any such application will be filed within a period of one (1) week hence, Opp. Party No.2 shall do well to take a lawful decision on the same within a period of two (2) weeks from the date of receipt of such application. The order so passed by Opp. Party No.2 be communicated to the Petitioner. Till a decision is taken as directed, status quo as on today with regard to continuance of the Petitioner be maintained.

7. Accordingly, the Writ Petition stands disposed of.

(Biraja Prasanna Satapathy)

Judge Subrat

Digitally Signed Signed by: SUBRAT KUMAR BARIK Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 31-Aug-2026 12:43:42 Signature Not Verified