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IN THE HIGH COURT OF ORISSA AT CUTTACK
KRISHNA S.DIXIT
Ranjan Kumar Tripathy – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. challenge to transfer orders (Para 1) |
| 2. arguments against and in support of transfer orders (Para 2 , 3) |
| 3. statutory nature of transfer guidelines (Para 4) |
JUDGMENT :
PER DIXIT KRISHNA SHRIPAD, J.
All these petitions, by a set of teachers, essentially seek to lay a challenge to the transfer orders. A few of the petitions involve the transfer orders that are put in challenge in the departmental appeals. Other few, call in question the letter no. SME-GHS-GHS-0125-2021 dated 13.05.2025, which provides for the MPs & MLAs recommending to the jurisdictional authorities the cases of transfer.
2. Learned advocates appearing for the petitioners made the following submissions in support of their cases:
(a) The impugned transfer orders are contrary to statutory Guidelines dated 14.05.2025, which regulates the transfer.
(b) The transfer Guidelines provides for decision making by the Committee on normative basis and that the transfer orders are vitiated because of political influence.
(c) The letter dated 13.05.2025, which enables the jurisdictional MPs & MLAs to recommend teachers for transfer, is without authority of law and otherwise also unsustainable.
(d) Some of the transfers
Transfer orders must comply with statutory guidelines; violations invalidate them, emphasizing the importance of legal procedures in administrative actions.
Transfer policy guidelines do not confer legally enforceable rights unless there is a violation of statutory rules or mala fide.
Ratification from the competent authority is a prerequisite for the validity of transfer orders in public service.
Ratification from the competent authority is a prerequisite for the validity of transfer orders in public service, as established by the A.P. Education Act and relevant guidelines.
The G.R. on teacher transfers aligns with the RTE Act by maintaining Pupil-Teacher ratios and does not violate statutory rights of teachers.
The transfer order was issued in violation of the statutory rule requiring a no objection certificate from the Head of the institution of the parent school and non-consideration of the effect of the ....
The court upheld the Government Order on teacher redeployment under the Right of Children to Free and Compulsory Education Act, 2009, prioritizing statutory compliance and educational needs over indi....
The classification of government and non-government employees regarding transfer policies is valid, and the court cannot interfere in executive decisions unless statutory violations occur.
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