Nalini Padhan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.11815 of 2022 Nalini Padhan ....

Petitioner Mr. M.K. Mohapatro, Advocate -versusState of Odisha and others ....

Opposite Parties Mr. Y.S.P. Babu, A.G.A.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

11.05.2022 01.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the petitioner as well as learned counsel for the State.

3.

The present writ petition has been filed by the petitioner with the following prayers:- "It is therefore prayed that this Hon'ble Court may graciously be pleased to admit the writ petition, call for the records and after hearing the parties allow the writ petition by declaring the Letter no.7700/H&FW, Dated 20.3.2019 of Op. No.1 under annexure-6 as well as all consequential decisions taken by the Opp. Parties in the High-Power Committee under Annexure-8 & 9 as well as regularized the services of the Addl. ANM working under NHM under Annexure-10, 12 & 13 so far as it relates to the regularization of services of the juniors i.e. Op. No.6 to 29 without considering the case of the petitioner as illegal and quash the same.

And the Opp. Parties may be directed to take steps for regularization of service of the petitioner like other

// 2 // contractual paramedic employees in consonance with 2019 Rules within a stipulated time period as fixed by this Hon'ble Court.

And any other appropriate Writ(s)/Direction(s)/Order(s) as this Hon'ble Court deems fit and proper."

4.

Learned counsel for the petitioner submits that the petitioner was engaged in the post of Government Cadre Multipurpose Health Worker (Female) from the date of completion of six years of services and in the meantime, the petitioner has been completed six years of continuous service. However, the service of the petitioner has not been regularized as of now as has been provided under 2013 Circular of the G.A. Department Government of Odisha.

5.

Learned counsel for the State submits that he has no objection, if a direction is given to the authorities to consider the fresh representation of the petitioner in accordance with law within a stipulated period of time.

6.

Considering the aforesaid submissions made by learned counsel for the parties, limited nature of grievance of the petitioner involved in the present writ petitioner, this Court disposes of the writ petition at the stage of admission with a direction to the petitioner to file a fresh representation highlighting his grievances along with copies of the relevant documents in support of her claim before the Opposite Parties within a period of two weeks from today. In the event such a representation is filed within the aforesaid period, the authorities concerned shall do well to consider the case of the petitioner and shall take into consideration the 2013 Circular of the G.A. Department Government of Odisha. Further, it is open for the petitioner to bring the notice of the opposite party no.2 Government decision on regular circular extending such benefit to the similarly situated persons. Further Opposite Party No.2 is directed to

// 3 // consider the representation of the petitioner strictly in accordance with law. The entire exercise shall be completed within a period of three months from the date of filing of fresh representation. Any decision so taken on the same shall be communicated to the petitioner within a period of two week thereafter. 7.

With the aforesaid observation/direction, the writ petition stands disposed of.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra ) Judge Jagabandhu