CUTTACK: The Orissa High Court has refused to intervene in the case of an assistant teacher in the cadre of junior State Education Service (SES), who was not allowed to continue at the same place upon promotion to the post of headmaster (senior SES cadre).
While dismissing his petition the vacation bench of Justice SK Panigrahi said, "The court is of the opinion that the appointing authority is best placed to decide whether it is expedient to promote and reposition any candidate on basis of their representations."
Dulamani Patel, an assistant teacher at Government Girls' High School at Lephripara in Sundergarh district was promoted to headmaster and posted in Deokaran Vidyapitha at Lathikata in the same district.
In his petition, Patel sought the court's direction to post him after promotion, in the school where he is continuing at present or in the alternative, posting him at a nearer place keeping in view his health condition.
Patel pleaded that he was compelled to join a place of posting which is at a distance of 140 km from the place of his residence and being a chronic rheumatic arthritic patient, was unable to travel such a long distance.
Patel had not joined his promotional post of headmaster and submitted in writing on September 18, 2020 to forgo his promotion and requested to allow him to continue as assistant teacher in the Girls' High School, Lephripara which was intimated to the Director, Secondary Education on September 30, 2020.
In the judgment on May 27, Justice Panigrahi said, "In so far as promoting and repositioning him in the school where he was continuing or at a nearby place, is unsustainable as the petitioner was holding a transferable post and under the conditions of service applicable to him, he was liable to be transferred and posted at any place within the State of Odisha."