SANTOSH KUMAR MALLIA Vs. STATE OF ORISSA

JUDGEMENT

(1.) BY this common judgment and order, we dispose of the aforesaid two writ petitions. We may state here that at the admission stage, we heard at length on the merit of both the writ petitions. Though no counter has been filed, as stated at the Bar, the petitions can be disposed of on the points involving law.

(2.) ALL the writ petitioners, who are working under the Bhubaneswar Municipal Corporation, have been transferred to other Municipalities/ Notified Area Councils (for short 'N.A.C.') of the State of Orissa and the same has been challenged in these writ petitions. The transfer order has been passed by the Director of Municipal Administration -cum -Ex - Officio Additional Secretary to the Government. The petitioners have challenged the constitutional validity of Rule 10 of the Orissa Local Fund Service Rules, 1975 (for short 'the Rules') and also the order of their transfer to other Municipalities/N.A.Cs. We may state here that the Orissa Local Fund Service Rules, 1975 were framed under Sub - sec. (2) of Sec. 81 of the Orissa Municipal Act, 1950 (for short, 'the Act'). The Rules came into force with effect from 18th August, 1975.

(3.) HE may refer to Sub -section (17 -b) of Sec. 3 of the Act, which runs as follows :