Extracted from the PDF above. The PDF is authoritative.
Page 1 of 4.
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.9144 of 2025
Santanu Kumar Puhan ..... Petitioner
Represented By Adv. – Mr. Biswabihari Mohanty -versus- State Of Odisha and others ..... Opposite Parties
Represented By Adv. – Mr.Akshaya Pati, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER 02.04.2025
Order No.
01.
1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. Heard learned counsel appearing for the Petitioner as well as
learned counsel appearing 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 Petitioner with the following prayers:-
“Under the above circumstances, it is humbly prayed that this Hon'ble Court may graciously be pleased to issue a writ in appropriate nature directing the Opp. Party No.3, CDM & PHO, Dhenkanal to reconsider the order of posting dated 25.03.2025 under Annexure-7 by suitably modifying the same and placing the petitioner against any of the four substantive posts
Page 2 of 4. of MPHW (M)-I available at (l)Sriramchandrapur Sub Centre, (2) Matha Tentulia Sub Centre, (3) Pingua Sub Centre,(4) Nihalprasad Sub Centre under C.H.C. Sriramchandrapur on consideration of representation under Annexure-8 forthwith or in the alternative may be pleased to quash the
order of posting dated 25.03.2025 so far as it relates to the petitioner.
And pass any other order/orders as this Hon'ble Court may deem fit and proper.”
4.
Learned counsel for the Petitioner, at the outset, contended that initially the Petitioner was appointment as M.P.H.W. (Male)-I on contractual basis in the year 2011. Subsequently, the Petitioner was regularized in service on 08.06.2016 on completion of six years of service. Thereafter, on 24.11.2023, the cadre of M.P.H.W. was restructured. Finally, on 12.02.2025, a DPC was held and on the basis of the recommendation of DPC, 63 numbers of M.P.H.W.(M)-II were promoted to M.P.H.W. (M)-I against the available promotional post of M.P.H.W.(M)-I. Learned counsel for the Petitioner, at this juncture, contended that after the recommendation of the DPC, options were invited from the promoted M.P.H.W. (M)-I for their posting. So far as the Petitioner is concerned, the option was invited pursuant to the notice dated 20.03.2025 against the eight posts under C.H.C., Sriramachandrapur of Gondia Block. He further contended that without considering the option exercised by the present Petitioner, the Petitioner has been posted to Bhuban NAC under Bhuban Block vide order dated 25.03.2025 under Annexure-7. Being aggrieved by such posting order, the Petitioner has submitted a detailed representation before the CDM & PHO, Dhenkanal,
Page 3 of 4. Opposite Party No.3 indicating therein that several vacancies are available at Sriramachandrapur C.H.C. He further contended that despite such representation having been filed on 25.03.2025, no decision has been taken thereon. Being aggrieved by such inaction of the Opposite Party No.3, the Petitioner has approached this Court by filing the present writ petition.
5.
Learned counsel for the State, on the other hand, contended that although he has no instruction in the matter, however, considering the fact that the Petitioner has already approached the Opposite Party No.3, who is the competent authority, he will have no objection in the event this Court directs the Opposite Party No.3 to consider and dispose of the representation of the Petitioner in accordance with law and within a stipulated period of time.
6. Considering the submissions made by the learned counsels appearing for the respective parties and on a careful examination of the background facts as well as the documents annexed to the writ petition, further keeping in view the limited nature of the grievance involved in the present writ petition, this Court deems it proper to dispose of the writ petition at the stage of admission by directing the Opposite Party No.3 to consider the case of the Petitioner as involved in his representation dated 25.03.2025 under Annexure-8 to the writ petition within a period of two weeks from the date of communication of a certified copy of this order. While considering the representation, the Opposite Party No.3 shall take into
consideration the vacancies available at C.H.C., Sriramachandrapur of Gondia Block and other places indicated in
Page 4 of 4. the representation of the Petitioner. The final decision so taken be communicated to the Petitioner within a week from the date of such decision. It is further directed that pending consideration of his representation, the Petitioner shall join at his new place of posting, however, the representation of the Petitioner shall be considered in terms of the aforesaid direction without being prejudiced by the joining of the Petitioner at his new place of posting.
Urgent certified copy of this order be granted on proper application.
( A.K. Mohapatra )
Judge
Debasis