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2022 Supreme(Ori) 592

S. MURALIDHAR, C. R. DASH
Gagan Bihari Patra – Appellant
Versus
State of Odisha, Union of India – Respondent


Advocates appeared:
Mr. Sukanta Kumar Dalai, Advocate (In W.As. No.401 & 402 of 2017 and W.P.(C) Nos.22880 of 2019 and W.P.(C) Nos.25971 & 26354 of 2021) Mr. Aparesh Bhoi, Advocate (In W.A. No.403 of 2017), for the Appellant; Mr. Manoja Kumar Khuntia, Additional Government Advocate, for the Respondent

JUDGMENT

Dr. S. Muralidhar, CJ. - The common question that arises in the three writ appeals which challenge a common order of the learned Single Judge dismissing the corresponding writ petitions of the Appellants is whether a Collector of a District is empowered to transfer a Gram Rozgar Sevak (GRS) engaged as such under Section 18 of the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (MGNREG Act) read with the MGNREGA's Operational Guidelines, 2013? The same question arises for consideration in the three connected writ petitions.

2. It must be mentioned at the outset that the impugned transfer order issued by the Collector, Kalahandi as far as writ appeals filed by Gagan Bihari Patra (in W.A. No.401 of 2017) and Amir Harijan (in W.A. No.402 of 2017), is dated 14th September, 2017. While by the said order, Gagan Bihari Patra was transferred from Champadeipur Gram Panchayat (GP) in the Lanjigarh Block to Talnagi GP in Th. Rampur Block, Amir Harijan was transferred from Talnagi GP to Champadeipur GP. The reason given in the impugned office order is that they were being transferred on 'administrative ground.'

3. The learned Single Judge has while dismissing the writ petitio

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