The High Court
Case Details
Order No. 01. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.11927 of 2025 Nagendra Bhusan Panda ..... Petitioner Represented By Adv. - Saswati Mohapatra -versus- State of Odisha & Ors. ..... Opposite Parties Represented By Adv. – Samresh Jena, A.S.C.
Legal Reasoning
CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
Decision
ORDER 01.05.2025 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel appearing for the Petitioner as well as learned Additional Standing Counsel appearing for the State- Opposite Parties. Perused the writ application as well as the documents annexed thereto. 3. The Petitioner has filed the present writ application with the following prayer: “Under the aforesaid facts and circumstances, it is therefore, prayed that this Hon'ble Court may graciously be pleased to: (i) direct / order the State Opp. Parties to revise the seniority position of the Petitioner from 974 to 548, above the admitted juniors in the Gradation List of Pharmacist Officers of Nuapada District; (ii) pass such other order(s) or issue direction(s) as Page 1 of 5. may be deemed fit and proper in the bona fide interest of justice.” 4. Learned counsel for the Petitioner at the outset contended that initially the Petitioner was appointed as Pharmacist on contractual basis on being duly selected w.e.f. 29.05.1999. Thereafter, the Petitioner continued to discharge his service as a Pharmacist on being posted at Zilla Swasthya Samiti, Nuapada. In the year 2002, the Petitioner approached the learned Odisha Administrative Tribunal by filing O.A. No.574(C) of 2002 for regularization of his service. She further submitted that the service of the Petitioner was regularized w.e.f. 24.11.2008 along with other contractual pharmacists. The Original Application preferred by the Petitioner before the Odisha Administrative Tribunal was eventually transferred to this Court after abolition of the Tribunal and the same was re-registered as WPC(OAC) No.574 of 2002. A coordinate bench of this Court vide order dated 25.11.2021 disposed of the writ application with a direction to the Opposite Parties to consider the case of the Petitioner. 5. Learned counsel for the Petitioner further submitted that on 16.12.2024 an Office Memorandum was issued with regard to Methodology to be adopted for preparing the final gradation list in case of Nursing Officers and other paramedics and the principle to determine the effective date of regularization of contractual paramedics staffs appointed prior to the commencement of GA Dept. Contractual Appointment Rules, 2013. Learned counsel for the Petitioner further specifically referred to 2nd para of the Office Memorandum dated 16.12.2024 Page 2 of 5. contended that the Methodology has been laid down in detail. Further, referring to the aforesaid Methodology, learned counsel for the Petitioner submitted that the gradation list that has been prepared is not in accordance with the Methodology that has been notified to the O.M. dated 16.12.2024. She further categorically submitted that some persons who have been placed at Sl. No.548 to 556 although are juniors to the Petitioner, however, they have been placed above the Petitioner in the final gradation list. So far the present Petitioner is concerned, it is stated that he has been placed at Sl. No.974 of such gradation list. Being aggrieved by such illegal conduct of the Opposite Parties the Petitioner has approached this Court by filing the present writ application. 6. She further submitted that being aggrieved by such conduct, although the Petitioner earlier approached the Director of Health Services Odisha, Opposite Party No.2 by filing a representation on 26.02.2025 under Annexure-6 to the writ application, however, no decision has been taken on such representation of the Petitioner. 7. Learned Additional Standing Counsel on the other hand contended that although he has no instruction in the matter. However, on a careful analysis of the writ application it appears that the Petitioner has already approached the competent authority i.e. the Opposite Party No.2 by filing a representation on 26.02.2025 under Annexure-6 to the writ application. In such view of the matter, learned counsel for the State further contended that since the issue is under consideration of the Opposite Party No.2 who is competent authority to take a Page 3 of 5. decision in the matter, then he will have no objection in the event this Court directs the Opposite Party No.2 to consider and dispose of the representation of the Petitioner under Annexure-6 in accordance with law and in terms of the Office Memorandum under Annexure-5 dated 16.12.2024 within a stipulated period of time. 8. Having regard to the submissions made by learned counsels for the parties, on a careful examination of the background facts as well as materials on record, further keeping in view the limited nature of grievance of the Petitioner, this Court is of the view that the present writ application can very well be disposed of by directing the Opposite Party No.2 to first consider and dispose of the representation of the Petitioner dated 26.02.2025 under Annexure-6, if the same is still pending, before proceeding further on the basis of the final gradation list prepared by the authorities. In such view of the matter, it is further directed that the Opposite Party No.2 shall do well to consider and dispose of the representation of the Petitioner under Annexure-6 by taking into consideration the Office Memorandum dated 16.12.2024 under Annexure-5 within a period of eight weeks from the date of communication of a certified copy of this order by the Petitioner by passing a speaking and reasoned order. Further, it is directed that till a decision is taken on the representation of the Petitioner within the aforesaid time stipulation, the Opposite Parties shall do well not to act on the basis of the gradation list which has been prepared in the meantime. The final decision so taken by the Opposite Party No.2 be also communicated to the Petitioner Page 4 of 5. within ten days from the date of taking such a decision. 9. With the aforesaid observations/ directions, the writ application stands disposed of. 10. Issue urgent certified copy of this order as per Rules. Anil ( A.K. Mohapatra ) Judge Page 5 of 5. Signature Not Verified Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 02-May-2025 10:46:08