The High Court
Case Details
Order No. 01. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.16108 of 2025 Dr. Ashok Kumar Sahu & Ors. ..... Petitioners Represented By Adv. - Krishna Chandra Sahu State Of Odisha & Ors. ..... Opposite Parties -versus- Represented By Adv. – D. Lenka, A.G.A.
Legal Reasoning
CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
Decision
ORDER 18.06.2025 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel appearing for the Petitioners as well as learned Additional Govt. Advocate appearing for the State- Opposite Parties. Perused the writ application as well as the documents annexed thereto. 3. The Petitioners have filed the present writ application with the following prayer: “It is therefore prayed that the Hon'ble Court be graciously pleased to pass following relief(s): (i) The Hon'ble Court be pleased to admit & allow this writ petition. (ii) The Hon'ble Court be pleased to allow the writ petition by directing the Opp. Party no.1 to take a decision for regularization of services of the Page 1 of 5. petitioners keeping in view of the similar such decisions taken in respect of other similarly situated NHM Paramedic employees so also keeping in view of the previous decision taken in the govt. file as well as taking into account the order of learned OAT as per Annexure- 6 and the judgment of this Hon'ble Court under Annexure- 10 by implementing the same & extending the the benefits of regularization petitioners by granting all consequential service benefits as has been extended to similar situated AYUSH Medical Officers of other states as per Annexure-9 (Series) within a time bound period for the interest of justice, favour of in (iii) The Hon'ble court be pleased to pass any other order(s)/direction(s) as deems fit & proper for the bonafide interest of justice.” 4. Learned counsel for the Petitioners at the outset contended that the Petitioners are working as AYUSH Doctors in MHU Units in between 2004-09. He further submitted that initially some of the persons who are similarly situated with the Petitioners approached the learned Odisha Administrative Tribunal for regularization of their service by filing O.A. No.633 of 2012. The learned Administrative Tribunal vide order dated 18.05.2016 directed the State Govt. to take a policy decision so far the applicants and similarly situated other persons are concerned. 5. Since no policy decision was taken by the State Govt., the Petitioners, being aggrieved by such inaction of the State- Opposite Parties, approached this Court earlier by filing W.P.(C) No.24685 of 2020 along with a batch of similar other writ Page 2 of 5. applications. A Coordinate Bench of this Court vide judgment dated 06.09.2024 disposed of the above writ application by holding that the Petitioners who are AYUSH practitioners have served the state for past 2 decades and that they have made out a compelling case for regularization of their service and accordingly, Opposite Parties were directed to formulate a policy for regularization of such practitioners who have worked in conjunction with MBBS doctors and paramedics in remote areas of the state. 6. Learned counsel for the Petitioners at this juncture contended that although the learned Coordinate Bench disposed of the writ application with the aforesaid direction, however, no time stipulation was fixed in the said judgment. As a result, the state authorities have not taken any policy decision as of now. Being aggrieved by such inaction of the Opposite Parties the Petitioners have approached the Opposite Party No.1 by filing a representation on 17.11.2024 under Annexure-11 to the writ application. He further contended that the aforesaid representation is still pending for consideration by the Opposite Party No.1. Once again being aggrieved by the inaction of the Opposite Party No.1 in considering the representation of the Petitioners, the Petitioners have approached this Court by filing the present writ application. 7. Learned Additional Govt. Advocate on the other hand contended that he does not have any instruction in the matter. However, on perusal of the pleadings made in the writ application it appears that the Petitioners had earlier approached this court by filing W.P.(C) No.24685 of 2020. After disposal of Page 3 of 5. the above noted writ application vide judgment dated 06.09.2024, the State authorities are looking into the matter. In such view of the matter, learned counsel for the State contended that the present writ application is premature and as such the same should be dismissed at the threshold. 8. Considering the submissions of learned counsels for the respective parties, on a careful examination of the documents annexed to the writ application, further on an analysis of the submissions made by learned counsels appearing for the respective parties, this Court observes that the Petitioners had earlier approached this Court and a Coordinate Bench has already delivered a judgment on the issue. Therefore, the matter does not require any further adjudication at this stage. However, taking into consideration the grievance of the Petitioners that the state authorities have not acted upon the judgment of this Court and that they have not taken any decision on the representation of the Petitioners under Annexure-11, this Court deems it proper to dispose of the writ application at the stage of admission by directing the Opposite Party No.1 to consider and dispose of the representation of the Petitioners dated 17.11.2024 under Annexure-11 within a period of six weeks from the date of communication of a copy of today’s order by the Petitioners. It is needless to mention here that while considering the representation of the Petitioners under Annexure-11, the Opposite Parties shall take into consideration the judgment of a Coordinate Bench dated 06.09.2024 as well as the copies of the order under Annexure-9 series and dispose of the representation by passing speaking and reasoned order. The final decision so Page 4 of 5. taken be communicated to the Petitioners 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: 19-Jun-2025 11:58:29