Directors of Health Service, Odisha & Ors. v. Opp. Parties

Mr. H.S. Panigrahi, Advocate Directors of Health Service, Odisha & others -versus- …. Opp. Parties Mr. S. Rath, AGA CORAM: THE HON’BLE MR. JUSTICE CHITTARANJAN DASH Order No. ORDER 30.07.2026

#1. Heard learned counsel for the Parties.

#2. The Petitioner by means of the application has sought for the indulgence of this Court praying for the following reasons:- “a) Direct the Opposite Parties to correct the Petitioner's category from Unreserved (UR) to Scheduled Caste (SC) in the gradation list published vide D.H.S. Letter dated 27.1 1.2025; b) Further direct the Opposite Parties to consider and grant promotion to the Petitioner under the Scheduled Caste (SC) category in accordance with law, with effect from the date on which his/her immediate junior was promoted pursuant to the D.P.C. held on 10.12.2025; c) Direct restoration of the Petitioner's rightful seniority position above Smt. Pratima Gardia list and consequential service benefits.” the gradation

#3. During the course of hearing, learned counsel for the petitioner submitted that pursuant to the advertisement dated

15.07.2025 inviting applications for engagement to the post of Pharmacist on a contractual basis, the petitioner applied for the said post and was duly appointed. He further submits that in the merit list the petitioner's name appeared before Pratima Gardia, the junior employee. Learned counsel also submitted that the authorities prepared a tentative gradation list for the purpose of promotion and circulated the same to the respective districts inviting objections. However, the petitioner could not file any objection as the said tentative gradation list did not come to her notice. Subsequently, when the matter relating to promotion was considered, the petitioner found that her junior, whose name appeared at Sl. No. 1391, had been promoted, whereas she had been overlooked while her name stood at Sl. No.1390.

#4. Being aggrieved by the aforesaid action of the authorities, the petitioner submitted a representation, a copy of whereof finds place at Annexure-8 to the writ petition. From a perusal of the said representation, it appears that upon its receipt, the competent authority forwarded the same to the CDMO, who, in turn, forwarded to the Director of Health Services, Odisha, Bhubaneswar, for consideration on 26.12.2025. However, till date, no decision has been taken on the said representation. Learned Counsel submits that the Petitioner shall be satisfied if a direction is issued to the authority to consider his representation within a stipulated time.

#5. In view of the above, and in absence of a serious objection from the side of the learned AGA, the Writ Petition is disposed of at the stage of admission with a direction to the Opposite Party No.1 i.e. Director of Health Service, Odisha, Bhubaneswar to consider the representation of the Petitioner within a period of three (03) weeks and to communicate the result thereof to the Petitioner within a period of two (02) weeks thereafter.

#6. The Writ Petition is accordingly disposed of. Judge (Chittaranjan Dash) Bijay