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Govt. Employee Has No 'Vested Right' To Seek Transfer/ Posting To A Particular Position Even If That Is Vacant: Orissa High Court

Jyoti Prakash Dutta
15 May 2022 7:00 AM GMT
Govt. Employee Has No Vested Right To Seek Transfer/ Posting To A Particular Position Even If That Is Vacant: Orissa High Court
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A Single Judge Bench of the Orissa High Court comprising of Justice Sanjeeb Kumar Panigrahi has 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 that 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 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.

Court's Observations:

After perusing the materials on record, the Court observed that nowhere in the said advertisement, it was mentioned that two posts were lying 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.

Case Title: Suryakanta Parida v. Odisha Public Service Commission & Ors.

Case No.: W.P.(C) No. 9311 of 2022

Order Dated: 12th May 2022

Coram: Justice S.K. Panigrahi

Counsel for the Petitioner: Mr. Trilochan Panigrahi, Advocate

Counsel for the Respondents: Ms. Suman Pattanayak, Additional Government Advocate

Citation: 2022 LiveLaw (Ori) 66

Click Here To Read/Download Order


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