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2022 Supreme(Ori) 503

S. K. PANIGRAHI
Sulata Mohapatra – Appellant
Versus
Chief Secretary, Government of Odisha, Health And Family Welfare Department, Bhubaneswar – Respondent


Advocates appeared:
Mr. Basudev Pujari, Adv., Mr. Dayananda Mohapatra, Adv., for the Appellant; Mr. Saswat Das, AGA Mr. R.C. Mohanty, Adv. (for O.P.4/ DMET) Mr. Dayananda Mohapatra, Adv. (for Intervener), for the Respondent

JUDGMENT

Dr. S.K. Panigrahi, J. - In this aforementioned writ petition, the petitioner who has been promoted to the post of Professor by virtue of order dated 06.04.2022 of the Assistant Secretary to Government, Health and Family Welfare Department, has challenged the place of posting at Government Medical College at Keonjhar instead of allowing her to continue at SCB Medical College and Hospital, Cuttack. She contends that on account of her seniority within her cadre and the medical condition of her and her husband, the decision of the authorities is illegal, mala fide and violation of the transfer policy introduced by the Department of Health and Family Welfare, Government of Odisha.

2. Now, since the cause of action of both the aforementioned Writ Petitions are broadly similar, these are being taken up together and have been dealt with by this common judgment treating the W.P.(C) No.9301 of 2022 as the leading case.

I. FACTUAL MATRIX OF THE CASE:

3. The present writ petitioner was initially appointed as an Asst. Surgeon in Koraput on 30.09.1991 and after completing her Post Graduate in Physiology she was posted as Lecturer in Physiology at SCB Medical College & Hospital, Cuttack in

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