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2025 DAILYLAW 20962 (ORI)

JHARANA DIGAL v. STATE OF ODISHA

WP(C)/7351/2025 · 2025-03-17

Aditya Kumar Mohapatra

Writ Petition (Civil)body2025

Judgment text

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Page 1 of 4. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.7351 of 2025 1) Jharana Digal ..... Petitioners 2) Harapriya Mishra 3) Namita Digal 4) Bijayalaxmi Nayak 5) Gitanjali Digal 6) Ranjita Nayak 7) Binita Panigrahi 8) Dipti Rani Pandit 9) Sangita Tripathy Represented By Adv. – Mr. Shashi Bhusan Jena -versus- 1) State Of Odisha, represented through its Commissioner-cum- Secretary, Health and Family Welfare Department, Govt. of Odisha, Bhubaneswar. ..... Opposite Parties 2) Director of Department of Health and Family Welfare, Health Directorate, HOD Building, Bhubaneswar. 3) Chief District Medical and Public Health Officer, Ganjam. Represented By Adv. – Mr. Babita Kumari Sahu, AGA CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 17.03.2025 Order No. 01. 1. This matter is taken up through Hybrid mode. 2. Heard learned counsel for the Petitioners as well as learned counsel for the State-Opposite Parties. Perused the writ Page 2 of 4. application as well as the documents annexed thereto. 3. The Petitioners have filed the present writ application with the following prayer: “Under the aforesaid facts and circumstances of the case, it is therefore, prayed that this Hon'ble Court may graciously be pleased to issue a writ of mandamus by quashing the faulty provisional gradation list Multipurpose Health Worker (Female) of the Ganjam District vide letter no.1585 published on dtd. 22.01.2025 under Annexure-2 And further be pleased to direct the opp. Party no.3 to publish the gradation list afresh. And further be pleased to direct the opp. Party no.3 for fixing of seniority of the petitioners in order to give promotion accordingly. Or pass such other order/orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.” 4. It is stated by learned counsel for the Petitioners that the Petitioners who have been duly appointed and working as MPHW(F) submitted their objection to the provisional gradation list published by the government. Learned counsel for the Petitioners further contended that although the objection was submitted on 27.01.2025 under Annexure-3 to the writ petition, the same is pending before the Director, Health and Family Welfare Department-Opposite Party No.2 as well as CDM & Page 3 of 4. PHO, Ganjam. Learned counsel for the Petitioners, in course of his argument, contended that although the Petitioners have governed under the Multipurpose Health Worker (Female) Service (Method Of Recruitment and Conditions of Service) Rules, 2019, however, Rule-12 deals with the preparation of final gradation list has been amended in the meantime by virtue of a notification of Health and Family Welfare Department dated 15.03.2024. In such view of the matter, learned counsel for the Petitioners contended that the Opposite Party Nos.2 & 3 be directed to consider the objection of the Petitioners keeping in view the Rules in the year 2019 as amended in the year 2024. 5. Learned counsel for the State on the other hand contended that he will have no objection in the event this Court directs the Opposite Party No.2 to consider the objection of the Petitioner under Annexure-3 to the writ petition, if the same is still pending for consideration, strictly in accordance with the rules and dispose of the objection in a time bound manner. 6. Considering the submissions made by the learned counsels appearing for the respective parties, on a careful analysis of their submission and on a close scrutiny of the document annexed to the writ petition, further keeping in view the limited nature of grievance involved in the writ petition, this Court deems it proper to dispose of the writ petition at the stage of admission by directing the Opposite Party Nos.2 & 3 to consider and dispose of the objection of the Petitioners under Annexure-3 to the writ petition dated 27.01.2025 strictly in accordance with the Rules in Page 4 of 4. force within a period of four weeks from the date of communication of a certified copy of today’s order. The final decision so taken be communicated to the Petitioners within a week thereafter. It is further directed that the Opposite Parties shall make every endeavor to dispose of the objection before publication of the final gradation list. 7. With the aforesaid observations/directions, the writ application stand disposed of. Issue urgent certified copy of this order as per Rules. ( Aditya Kumar Mohapatra ) Judge Debasis Designation: SECRETARY