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2025 DAILYLAW 1237 (ORI)

S.MANGAMA v. STATE OF ODISHA

WP(C)/36626/2025 · 2026-02-12

Biraja Prasanna Satapathy

Writ Petition (Civil)body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) Nos.36610, 36028, 36614, 36619, 36621, 36626, 36627, 36647, 36816, 36838, 36851, 36866 of 2025 & W.P.(C) No.611 of 2026 Pramodini Sahoo …. Petitioner Mr. D.K. Patra, Advocate -versus- State of Odisha and Others …. Opposite Parties Mr. P.K. Panda, ASC CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY Order No. ORDER 12.02.2026 04. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode. 2. Heard learned counsels appearing for the parties. 3. Pursuant to order dated 05.01.2026, learned Addl. Standing Counsel produced the instruction provided by the CDM & PHO, Malkangiri vide his letter dated 02.02.2026. The same be kept in record 4. Since the issue involved in the present batch of Writ Petitions is identical, all the matters were heard analogously and disposed of by the present common order. 5. All these Writ Petitions have been filed inter alia challenging order dated 09.12.2025, so passed by the Opp. Party No.4, whereby the petitioners were reverted from their promotional post. 6. It is contended that basing on the recommendation of the DPC, all the petitioners were extended with the benefit of promotion to the rank of Multipurpose Health Worker (Female) L-I vide office order dated 21.02.2025 so issued by Opp. Party No.4 under Annexure-1. 6.1. It is however contended that petitioners while continuing in the promotional post basing on the order under Annexure-1, vide the impugned order dated 09.12.2025, petitioners were reverted back to the original post without following the principle of natural justice. 6.2. It is contended that since prior to reverting them to their original post by cancelling the benefit of promotion, order so communicated vide Letter No.14075 dated 09.12.2025, principle of natural justice was never followed, the said order is not sustainable in the eye of law. Not only that vide another order issued vide Letter No.14069 dated 09.12.2025, private Opp. Party along with others belonging to reserve category were extended with the benefit of promotion. 6.3. It is further contended that since by the time this Court passed the interim order, petitioners were already relieved basing on the impugned order of reversion communicated vide Letter No.14075 dated 09.12.2025, petitioners are continuing in the reverted post of Multipurpose Health Worker (Female) L-II. It is however contended that since the impugned order communicated vide letter No.14075 dated 09.12.2025 has been passed without following the principle of natural justice, the said order is not sustainable in the eye of law and requires interference of this Court. 6.4. Basing on the instruction, though learned Addl. Standing Counsel contended that after being extended with the benefit of promotion vide order dated 21.02.2025 under Annexure-3, Opp. Party No.4 found that petitioners have been wrongly promoted, the impugned order vide letter No.14075 dated 09.12.2025 was passed by reverting the petitioners. Not only that vide the other order issued vide letter No.14069 dated 09.12.2025, private Opp. Party and other eligible reserve category MPHW(Female) L-II were promoted to the rank of MPHW (Female) L-I. It is accordingly contended that no illegality or irregularity can be found with the impugned orders issued vide letter No.14075 and 14069 dated 09.12.2025. 6.5. It is also contended that such an action was taken basing on the letter issued by the SC and ST Department on 27.02.2025 to follow the principle of own merit, in the matter of promotion of reserve category candidates belonging to SC & ST. 7. To the submission made by learned Addl. Standing Counsel, learned counsel for the petitioner contended that the issue with regard to own merit, has already been settled at rest by this Court in its judgment dated 22.01.2026 in W.P.(C) No.7674 of 2025 and batch. In view of the said decision, order passed vide letter No.14069 dated 09.12.2025 is no more sustainable in the eye of law. 8. Having heard learned counsel for the parties and considering the submissions made, this Court finds that petitioners were extended with the benefit of promotion from the post of Multipurpose Health Worker (Female) L-II to the post of Multipurpose Health Worker (Female) L-I vide order dated 21.02.2025 under Annexure-1. 8.1. However, vide the impugned order communicated vide letter No.14075 dated 09.12.2025, all the petitioners were reverted back to their original post of Multipurpose Health Worker (Female) L-II. This Court, however after going through the instruction, finds that prior to reverting the petitioners vide the impugned order, no notice/show-cause was ever issued and principle of natural justice was never followed. 8.2. Since the impugned order communicated vide letter No.14075 dated 09.12.2025 has been issued without following the principle of natural justice, it is the view of this Court that, such an order is not sustainable in the eye of law. Similarly, promotion of SC/ST candidates basing on own merit has already been dealt with by this Court in its judgment dtd. 22.01.2026 in W.P.(C) No.7674 of 2025 & batch. 8.3. In view of the aforesaid analysis, this Court is inclined to quash order No.14075 dated 09.12.2025, so issued by Opp. Party No.4. While quashing the order NO.14075 dated 09.12.2025, this Court upheld the order dated 21.02.2025, so issued by Opp. Party No.4. Opp. Party No.4 is accordingly directed to take appropriate action with passing of a fresh order and allow the petitioners to continue in the promotional post basing on order dated 21.02.2025 within a period of 4(four) weeks from the date of receipt of this order. 9. With the aforesaid observation and direction, all the Writ Petitions stand disposed of. Photocopy of this order be placed in connected matters listed today. (Biraja Prasanna Satapathy) Judge Basudev