JUDGMENT :

S.N. Prasad, J.

This writ petition is under Articles 226 and 227 of the Constitution of India whereby and where under the order 1.7.2016 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 Odisha 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.

The opposite party no.1 while discharging her duty as Headmaster in Kunjabihari Jew High school, Chauliaganj,Cuttack was transferred vide order dated 21.8.11 dated 12.6.2015 to Dadhibaman Jew Bidyamandir, Gholpur by the order of the petitioner no.2 against which she has made a representation for recall of the order of transfer on the ground that she has only joined at Kunjabihari Jew High School, Chauliaganj, Cuttack on 4.6.2012 and is suffering from medical ailment but since her reliever who was bent upon to join in her place, she having no option filed O.A.No.2478(C) of 2015 before the State Administrative Tribunal, Cuttack Bench, Cuttack, the Tribunal while disposing of the original application directed the petitioners to consider the case of the opposite party no.1 as per the ground taken in the representation and take decision within one month from the date of receipt of copy of the order. The authority has passed order on 17.10.2015 assigning reason of her transfer, that is, on the basis of the allegations received from the President of the School management, as such on administrative reason she has been transferred, hence declined to interfere with the order of transfer. Accordingly, fresh original application has been filed assailing the order of transfer dated 12.6.2016 as the order dated 17.10.2015 was passed in pursuance to the order passed by the Tribunal in O.A.No.2478(C) of 2015 on the ground that the transfer order has been passed which is punitive.

3. Learned counsel for the petitioners-State of Odisha 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.

It has been submitted that the transfer since is incidence of service and as such a person having transferable post can be transferred to a place subject to the terms and conditions of offer of appointment. It has been controverted that it cannot be said to be order of transfer punitive in nature because nothing is reflected in the order of punishment but simultaneously the authority who is supposed to maintain good atmosphere in the school and if complaint is received, the incumbent has to be transferred otherwise there will be no meaning being the controlling authority. It has been submitted that the order of transfer can only be unfair if the same is without jurisdiction or in exercise of malafide or issued in violation of the statutory rule but none of the grounds has been made by the opposite party no.1.

He further submits that ground of malice has been taken and