OMES Cadre with continuity of service, pay protection in the said post v. Direct the opp. party No
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.23073 of 2025 Dr. Shilalipi Pradhan ..... State of Odisha & Ors. -versus- ..... CORAM: Petitioner Mr. B. Pujari, Advocate on behalf of Mr. P. Choudhury, Advocate Opposite Parties Mr. C.K. Pradhan, AGA THE HON’BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 25.09.2025 Order No.02 1. This matter is taken up through hybrid mode. 2. Heard Mr. B. Pujari, learned counsel appearing for the Petitioner on behalf of Mr. P. Choudhury, learned counsel and Mr. C.K. Pradhan, learned Addl. Govt. Advocate appearing for the Opp. Parties. 3. The present writ petition has been filed inter alia with the following prayer:- “In view of the above facts and submission the petitioner humbly prayed that this Hon’ble Court may graciously be pleased to :- i. Issue a writ of certiorari quashing the order dated 29.7.2025 passed by O.P. No.1 Commissioner-cum- Secretary, H & F.W. Deptt. on the ground rejection of appointment order under Annexure-15 ii. Declare that stipulation contained in para 7 of the Notification dated 27.12.2023 of 30 day automatic Page 1 of 7. cancellation clause does not apply to in service appointee and para-6 governs petitioner’s case. iii. Direct opp. party No.1 to treat petitioner’s email compliance with para -5 as sufficient and condone delay attributable to failure of O.P. No.1 to accept resignation/ relief within 30 days period. iv. Direct acceptance of joining report of the petitioner dated 5.8.2024 in the post of Asst. Prof. Physiology under OMES Cadre with continuity of service, pay protection in the said post. V. Direct the opp. party No.1 to condone the delay and treat the leave applications of the petitioner as constructive extension request, and regularize the period from dated 23.2.2024 to date 4.8.2024 as leave of the appropriate kind as admissible under Odisha Leave Rules and treat the period from dated 5.8.2024 to till the date of her joining as extension of joining time. vi. Pass such order or any such orders as may deem fit and proper in the interest of justice and equity. And for this act of kindness the petitioner as in duty bound shall ever pray.” 4. It is contended that Petitioner while continuing as an Asst. Professor in Physiology Department in the establishment of MKCG Medical College & Hospital, Berhampur vide notification dtd.27.12.2023 so issued by the Govt.-Opp. Party No. 1 under Annexure-3, Petitioner was appointed as an Asst. Professor in the discipline of Physiology under OMES Cadre of the Department. Vide the said order Petitioner was posted to DDMCH, Keonjhar. Page 2 of 7.
Legal Reasoning
4.1. It is contended that on the face of such notification issued by the Govt. under Annexure-3, Petitioner was never relieved even though persons similarly situated were relieved by the Opp. Party No. 1 vide order available under Annexure-5 dtd.01.02.2024. 4.2. It is contended that Govt.-Opp. Party No. 1 only vide order dtd.12.02.2024 under Annexure-6 relieved the Petitioner w.e.f.12.02.2024, enabling her to join in her place of posting in terms of notification dtd.27.12.2023 under Annexure-3. Petitioner thereafter was relieved from MKCG Medical College & Hospital, Berhampur vide office order dtd.22.02.2024 under Annexure-7. 4.3. Petitioner however because of illness of her minor child could not join in DDMCH, Keonjhar for the period from 23.02.2024 to 04.08.2024. In support of the illness of her minor child, Petitioner not only filed leave application starting from23.02.2024 under Annexure-8 to 04.08.2024 but also Petitioner after recovery of her minor son, submitted the joining before the Dean & Principal, DDMCH, Keonjhar - Opp. Party No. 4 on 05.08.2024 under Annexure-11. 4.4. It is contended that when Opp. Party No. 4 did not accept the joining so submitted by the Petitioner on 05.08.2024, Petitioner finding no alternative, submitted a fresh joining report before Govt.-Opp. Party No. 1 on 07.08.2024 under Annexure-12. Subsequently, vide letter dtd.20.08.2024 under Annexure-13 DMET, Odisha-Opp. Party No. 2 though directed the Govt. to take a decision with regard to acceptance of the joining of the Petitioner, but the same was rejected by the Govt. vide letter dtd.29.07.2025 under Annexure-15 inter alia on the ground that Page 3 of 7. Petitioner since has not joined within a period of 30 days in terms of notification dtd.27.10.2023 vide Para-6, her joining cannot be accepted. Para 6 of the notification reads as follows:- “6. The appointees are hereby directed to join at their place of posting within 30(Thirty) days positively from the date of issue of the notification, after obtaining the orders of acceptance of their resignation/relieve order from the competent authority, if they are already appointed permanently/substantively in any cadrre of the State or Central Governemnt.” 4.5. Learned counsel appearing for the Petitioner contended that since on the face of publication of the notification on 27.12.2023 under Annexure-3, Petitioner was never relieved from MKCG Medical College & Hospital, Berhampur till she was so relieved vide office order dtd.22.02.2024 under Annexure-7, no fault can be attributed to the Petitioner for not joining within a period of 30 days. 4.6. It is also contended that after being relieved vide order dtd.22.02.2024 since Petitioner’s minor daughter remained under treatment w.e.f.23.02.2024, Petitioner submitted different leave applications starting from 23.02.2024 till 04.08.2024. After recovery of her minor daughter, Petitioner though submitted her joining before Opp. Party No. 4 on 05.08.2024, but the same was not accepted. Thereafter, Petitioner submitted her joining before the Govt.-Opp. Party No. 1 on 07.08.2024 under Annexure-12, which has now been rejected vide the impugned communication dtd.29.07.2025 under Annexure-15. Page 4 of 7. 4.6. It is contended that since because of the delay caused by the Govt.-Opp. Party No. 1 in not relieving the Petitioner after publication of the notification on 27.12.2023 till 22.02.2024, the ground on which claim of the Petitioner has been rejected vide the impugned communication is not sustainable in the eye of law. It is accordingly contended that Petitioner’s joining so submitted on 05.08.2024 be accepted with passing of an appropriate direction. 5. Mr. C.K. Pradhan, learned Addl. Govt. Advocate though was directed by this Court vide order dtd.11.09.2025 to obtain instruction, but no instruction has been obtained as on date. However, it is contended that since Petitioner in terms of the notification dtd.27.12.2023 never joined within the prescribed period of 30 days, her claim has been rightly rejected by the Govt.- Opp. Party No. 1 vide the impugned communication dtd.29.07.2025 under Annexure-15. It is also contended that after being relieved vide order dt.22.02.2024, Petitioner also not joined till 05.08.2024. 6. Having heard learned counsel appearing for the Parties and considering the submissions made, this Court finds that Petitioner while continuing as an Asst. Professor in MKCG Medical College & Hospital, Berhampur, she was appointed as an Asst. Professor in the discipline of Physiology under OMES cadre vide notification issued by the Govt.-Opp. Party No. 1 on 27.12.2023 under Annexure-3. On the face of such notification issued on 27.12.2023, Petitioner was never relieved till she was ultimately relieved by the self-same Govt.-Opp. Party No. 1 vide order dt.12.02.2024 and subsequent order passed by Opp. Party No. 4 on 22.02.2024 under Annexure-7. Page 5 of 7. 6.1. As found because of the illness of her daughter for the period from 23.02.2024 to 04.08.2024, Petitioner could not join after being relieved and in support of the same Petitioner submitted different leave applications starting from 23.02.2024 to 04.08.2024. Since on the face of the notification issued on 27.12.2023, Petitioner was never relieved till she was relieved on 22.02.2024 under Annexure-7, no fault can be found with the Petitioner for her not joining with the stipulated period of 30 days. 6.2. Since for the latches on the part of Opp. Party No. 1 relieve of the Petitioner was delayed and thereafter Petitioner on compelling circumstances, remained on leave for the period from 23.02.2024 to 04.08.2024, no fault can be found with the Petitioner for her not joining in terms of the notification dtd.27.12.2023. 6.3. It is also the view of this Court that in some cases when concerned Doctors are seeking NOC from the Govt. to prosecute higher study or fellowship, Govt. on the ground of dearth of Doctors in the State is not issuing such NOCs. Therefore, while on the one hand Govt. is not allowing eligible Doctors to undergo higher study on the ground of dearth of Doctors in the State, but in the instant case, on the face of the joining of the Petitioner on 05.08.2024, the State authorities are not allowing the Petitioner to discharge her duty. It is the view of this Court that such action taken by Opp. Party No. 1 is not sustainable in the eye of law. 6.4. In view of the aforesaid analysis, this Court while quashing the impugned communication dtd.29.07.2025 under Annexure-15, directs Opp. Party No. 1 to pass an appropriate order directing Opp. Party No. 4 to allow the Petitioner to join immediately. Page 6 of 7. Petitioner’s joining be accepted w.e.f.05.08.2024 and period from 05.08.2024 till Petitioner joins be regularized, with extension of all service and financial benefits.
Decision
7. The writ petition accordingly stands disposed of. Sneha (BIRAJA PRASANNA SATAPATHY) Judge Signature Not Verified Digitally Signed Signed by: SNEHANJALI PARIDA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 08-Oct-2025 13:12:20 Page 7 of 7.