Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.18478 of 2025 Anupama Gouda ..... Petitioner
Represented By Adv. - Panchanan Panigrahi -versus- 1) State Of Odisha ..... Opposite Parties 2) Director Of Health, Bbsr 3) Mission Director, National Health Mission, Odisha 4) Chief Dist. Medical And Public Health Officer, Rayagada
Represented By Adv. – Mr.Samaresh Jena,ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER 14.07.2025
Order No.
01.
1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State. Perused the Writ Petition as well as the documents annexed thereto.
3. The Petitioner has filed the present writ application with the following prayer:
“Under the above circumstances, it is prayed therefore that your Lordship’s would be graciously pleased to direct the Opp.Parties to regularise the service of the Petitioner as MPHW(Female) by taking into account the service rendered by the Petitioner under the NHM from 24.08.2007 as that has been extended to others those who were engaged along with the Petitioner and to grant him all consequential service and financial benefits thereof and in that respect the written representation pending since long
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And pass any other
order/orders, direction/directions as this Hon’ble Court may deem fit and proper.”
4. It is stated by the learned counsel for the Petitioner that the Petitioner was initially engaged as Additional Health Worker (female) on 17.01.2024 and since that date she has been discharging her duty uninterruptedly to the satisfaction of the authority. Further, learned counsel for the Petitioner submitted that her service has not been regularised in the meantime. Learned counsel for the Petitioner also contended that more than a decade has been elapsed in the meantime. The Petitioner has been working on ad hoc basis although regular vacancies are available. Ventilating her grievance,
learned counsel for the Petitioner has already approached the Opposite Party No.4 on 12.12.2024 under Annexure-2 to the Writ Petition. However, no decision has been taken on such representation of the Petitioner.
4. Learned Additional Standing Counsel for the State on the other hand contended that although he has no instruction in the matter, however, on perusal of the Writ Petition, it appears that the Petitioner’s grievance is pending before the Opposite Party No.4. In such view of the matter, learned Additional Standing Counsel further contended that in the event the grievance of the Petitioner is pending and no final decision has been taken in the meantime, he will have no objection in the event this Court directs the Opposite Party No.4 to consider the grievance of the Petitioner within a stipulated period of time and the same be redressed in accordance with law.
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5. Having heard learned counsels for the respective parties, on careful examination of the background facts of the present case and 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 granting liberty to the Petitioner to approach the Director of Health, Odisha, Opposite Party No.2 taking therein all the grounds along with all supporting documents within three weeks. In such eventuality, the Opposite Party No.2 shall consider the grievance of the Petitioner keeping in view the principle laid down by the Hon’ble Supreme court in in Jaggo v. Union of India and others, reported in 2024 SCC Online SC 3826, in Sripal and another v. Nagar Nigam, Gaziabad (decided on 31st January, 2025) in Civil Appeal No.8158- 8179 of 2024) and dispose of the same by passing a reasoned and speaking order within three months from the date of communication of certified copy of this order. The final decision so taken be communicated to the Petitioner within 10 days thereafter.
7. With the aforesaid observation, the writ application stands disposed of.
8. Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
RKS
Designation: AR-CUM-Senior Secretary