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ORISSA HIGH COURT: CUTTACK
SANJAY KUMAR MISHRA
Pratima Dash – Appellant
Versus
Union Of India – Respondent


Advocates Appeared:
For the Petitioner: Mr. S.K. Ojha
For the Respondent: Mr. D.R. Mohapatra (Cgc)

Table of Content
1. petitioner's request and circumstances. (Para 1 , 2 , 3)
2. opposite parties' response and position. (Para 4 , 5)
3. contentions of the petitioner regarding transfer policy. (Para 6 , 7 , 8 , 9)
4. legal framework for transfers and disabilities. (Para 10 , 11 , 12)
5. binding nature of previous court decisions. (Para 13 , 14)
6. court's order to reconsider the petitioner's transfer. (Para 15 , 16 , 17 , 18)

JUDGMENT :

The present Writ Petition has been filed by the Petitioner to quash the Order of rejection dated 05.08.2021, as at Annexure-9, so far as the Petitioner is concerned, with further prayer to issue writ in the nature of certiorari directing the Opposite Parties to accept the request of the Petitioner for her posting at Bhubaneswar on the basis of policy decision taken vide Orders dated 06.10.2020, as at Annexure-4 and dated 14.01.2021, as at Annexure-5, respectively.

In the meantime, after ten year of her marriage, the Petitioner was blessed with a male mentally retarded child in the year, 2011. As per assessment made, the child is 90% mentally disabled and requires frequent medical care and attention. Accordingly, looking into his infirmities, he has been adm

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