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1991 Supreme(Ori) 410

L.RATH, K.C.JAGADEB ROY
AKSHAYA KUMAR BEURA – Appellant
Versus
DIRECTOR, HIGHER EDUCATION – Respondent


Advocates Appeared:
G.N. Mohapatra, for the Appellant; S.K. Das, Additional Government Advocate for Opp. party Nos. 1 and 3, Bijan Roy, for Opp. party No. 2 and C.V. Murty, for Opp. party No. 4, for the Respondent

JUDGMENT :

L. Rath, J. - The petitioner, a lecturer in Ekamra Mahavidyalaya, Bhubaneswar, having been transferred to Jashipur College in the district of Mayurbhanj, has moved this Court assailing the order of transfer. The. facts are that on the passing of the order of transfer on 14-12-1990 the petitioner filed O. J. C. No. 5039 of 1990 for quashing the order mainly on the ground that he was a person not liable to be transferred since he was not borne in the common cadre of lecturers relating to the aided colleges. The case was disposed of on 20-12-1990 permitting the petitioner to file a representation before the appropriate authority within two weeks from the date of order whereafter the representation was to be disposed of within two weeks. The representation in question was made by the petitioner to the opp, party Mo. 1 on 31-12-1990 who communicated his decision refusing the same on 11-1-1991, annexed to the writ petition as Annexure-4, saying that since the petitioner was entitled to full salary cost from the date of his- Joining the new college, he is deemed to have come to the common cadre and that formal encadrement and notificatfon takes an enormously long. time it was fu



























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