The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.40719 of 2023 Sushreeta Barick & others State of Odisha & others -versus- …. Petitioners Mr. L.K. Mohanty, Advocate …. Opposite Parties Mr. S. Das, A.G.A. CORAM: JUSTICE A.K. MOHAPATRA
Decision
ORDER 20.12.2023 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioners as well as learned Additional Government Advocate for the State-Opposite Parties. Perused the Writ Petition as well as the documents annexed thereto. 3. The present Writ Petition has been filed by the Petitioners with the following prayer : Order No. 01. “It is, therefore, prayed that this Hon'ble Court may graciously be pleased to issue notice to the opp.parties calling upon them to file show cause as to why (i) the order dated 19.07.2023 issued by the opp.party no.1 under Annexure -8 so far as it relates to disengagement of the Human Resource (Junior Entomologist) at Para - 4(ii) shall not be quashed being passed in gross violation of the Article 14 and 16 of the Constitution of India and also requirement of manpower as indicated by the opp.party no.3 in letter dated 29.08.2023 under Annexure-10. (ii) After hearing the parties this Hon'ble Court pleased to quash the portion of 4 (ii) of the order dated 19.07.2023 issued by the opp.party no.1 under Annexure -8 and the opp.parties to be directed to allow the petitioners to continue in their respective posts along with other staffs. And pass any other order/orders, direction/directions as this Hon'ble Court may deem fit and proper.” The factual background leading to filing of the writ application in 4. // 2 // brief, is that, pursuant to the advertisement dated 15.07.2019 under Annexure-1 to the writ application, the Petitioners submitted their candidature for the post of Junior Entomologists, who work in the Sundargarh district on contractual basis for a period of 11 months. On being duly selected through recruitment procedure, the petitioners were appointed on 20.02.2020 by the Opposite Party No.3. Thereafter, the Petitioners were allowed to continue on contractual basis and they were performing their duties to the satisfaction of the authorities. Further, it appears from the writ application that the petitioners were sent for training by the Opposite Parties. It further reveals that the Petitioners have successfully completed such training and they are continuing in service. Recently, a decision has been taken by the Government, Health and Welfare Department which was communicated vide letter dated 19.07.2023 to all concerns. A perusal of the aforesaid letter dated 19.07.2023 under Annexure-8 reveals that the proceeding of a review committee has been communicated to different authorities wherein a decision has been taken in the review meeting with regard to continuance of the scheme under OMBADC Fund in Health Sector Projects. The Review Committee after due consideration has come to a conclusion to close scheme and accordingly a decision has been taken not to engage HRs (the Petitioners) under OMBADC Funded scheme with effect from March, 2024. However, such decision shall not affect the PMU Staff, Help Desk, Ambulance services. Being aggrieved by such decision of the Govt. the Petitioners have approached this Court by filing the present writ application. 5. Learned counsel for the Petitioners submitted that the Petitioners were duly selected by following a valid selection procedure, thereafter they are appointed on contractual basis. However, the services of the Petitioners are being renewed from time to time and they have been discharging their services at the moment as Junior Entomologist. // 3 // Learned counsel for the Petitioners further specifically referred to a letter under Annexure-10 dated 29.08.2023 submitted before this Court that the Chief District Medical & Public Health Officer (CDM & PHO), Sundargarh has written a letter to the Opposite Party No.1 with a request to consider continuance of the service of the Junior Entomologist in the district of Sundargarh. He further submitted that no final decision has been taken by the Opposite Party No.1. Further, referring to letter under Annexure-11 to the writ application dated 29.08.2023, learned counsel for the petitioners submitted that the CDM & PHO, Sundargarh has also written a letter to the Opposite Party No.1 regarding continuance of the service of Junior Entomologist in the district of Sundargarh during several grounds in support of such decision which is reflected in the letter dated 29.08.2023. In the very same letter, the CDM & PHO, Sundargarh has also suggested to the Opposite Party No.1 for continuance of the Junior Entomologist, who services are necessary in Sundargarh district for maintaining public health under the DMA fund. Learned counsel for the Petitioners also contended that no decision has been taken on such request of the CDM & PHO, Sundargarh vide letter dated 29.08.2023 under Annexure-11 to the writ application. Being aggrieved by such inaction of the Opposite Party No.1, learned counsel for the Petitioners prayed that the Opposite Party No.1 be directed to take a decision on the recommendation of the CDM & PHO, Sundargarh as expeditiously as possible. 6. Learned Additional Government Advocate, on the other hand submitted that the decision under Annexure-8 to the writ application has been taken in the Review Meeting held under the Chairmanship of the Opposite Party No.1 on 05.07.2023. He further contended that the said review committee has taken note of all the aspects before taking a decision under clause 4 (i) & (ii) of the proceeding of the review meeting dated 05.07.2023. In such view of the matter, learned // 4 // Additional Government Advocate submitted that the decision under challenge being a policy decision does not call for any interference by this Court at this juncture. It was submitted that the writ application is devoid of merit and the same should be dismissed. 7. Having heard the learned counsels appearing for the respective parties and on a careful examination of the background facts of the present case as well as materials on record, this Court on a careful analysis of the letter written by the CDM & PHO, Sundargarh observed that there is a necessity of continuing with the Junior Entomologist keeping in view the Public Health in the Sundargarh district. Moreover, the CDM & PHO, Sundargarh has already given a suggestion for continuance of the scheme with a financial support from the DMA fund. It further appears the letter issued by the CDM & PHO, Sundargarh to the Opposite Party No.1 with a request to for continuance of the scheme under Annexures-10 & 11 to the writ application is still pending and no final decision has been taken in the meantime. Considering the aforesaid facts, this Court deems it proper to dispose of the writ application at the stage of admission by directing the Opposite Party No.1 to take a decision on the letter of the CDM & PHO, Sundargarh under Annexures-10 and 11 within a period of six weeks from the date of communication of a certified copy of this order by passing a speaking and reasoned order. The decision so taken be communicated to Petitioners within two weeks from the date of taking such a decision. 8. With the aforesaid observations/ directions, the writ application stands disposed of. 9. Issue urgent certified copy of this order as per Rules. ( A.K. Mohapatra ) Judge Anil Signature Not Verified Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 02-Jan-2024 10:36:55