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Govt. Employee Has No Right To Seek For Transfer/ Posting To A Particular Position : Orissa High Court

The Odisha High Court passed the judgement on 12th May 2022. In the case of SuryakantaParida v. Odisha Public Service Commission & Ors.( W.P.(C) No. 9311 of 2022).

A Single Judge Bench of the Orissa High Court comprising of Justice Sanjeeb Kumar Panigrahihas held that a government employee has no ‘vested right’ to seek posting to a particular position even if the desired position is lying vacant.

 

Facts

Through this writ petition, the petitioner sought a direction from the Court to the opposite party no. 4, i.e. Dean & Principal, S.C.B. Medical College and Hospital, Cuttack to observe him on regular establishment as he had succeeded for the post of Assistant Professor (Super Specialist) in Gastroenterology Department pursuant to the advertisement issued by the opposite party no. 1, i.e. Odisha Public Service Commission (‘OPSC’). Mr. Trilochan Panigrahi, the counsel for the Petitioner, submitted as per advertisement issued by the OPSC, two posts were lying vacant in Gastroenterology Department of S.C.B. Medical College and Hospital, Cuttack. The petitioner having requisite qualification applied for the same. He appeared in the written examination along with other candidates on 14.02.2021.He succeeded in the discipline of Gastroenterology for the post of Assistant Professor (Super Specialist). Mr. Panigrahi further put-forth that the petitioner was appointed as Assistant Professor of M.K.C.G. Medical College and Hospital, Berhampur and deployed to work at S.C.B. Medical College and Hospital, Cuttack on deputation basis. The main grievance of the petitioner was that some contractual Assistant Professors were appointed in S.C.B. Medical College and Hospital, Cuttack, however, despite being a a successful candidate in the examination process for the post of Assistant Professor in Gastroenterology Department, he was not appointed to the said post.

Therefore, he prayed for a direction from the Court to the opposite parties to allow him to continue as an Assistant Professor in Gastroenterology Department of S.C.B. Medical College and Hospital, Cuttack instead of M.K.C.G. Medical College and Hospital, Berhampur on regular basis.

JUDGEMENT

After perusing the materials on record, the Court observed that nowhere in the said advertisement, it was mentioned that two posts were vacant in ‘Gastroenterology Department’ of S.C.B. Medical College and Hospital, Cuttack. Further, it held,

“Even if vacancies are there, the petitioner does not have any vested right to claim for such posts since it is under the absolute domain of the Government. The Health Department is under no obligation to appoint him in S.C.B. Medical College and Hospital, Cuttack.”

Accordingly, The Writ Petition Was Dismissed.

JUDGEMENT REVIEWED BY KUNMUN DAS.

Click here to view judgment

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