Orissa High Court
Dr. Hrusikesh Lenka & Another vs State Of Odisha & Others on 4 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.13877 of 2023
Dr. Hrusikesh Lenka & another .... Petitioners
Mr. B.B. Mohanty, Advocate
-versus-
State of Odisha & others .... Opposite Parties
Mr. S. Das, AGA
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 04.05.2023
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard Mr. B.B. Mohanty, learned counsel appearing for the
petitioners as well as Mr. S. Das, learned Addl. Government Advocate
for the State-Opposite Parties. Perused the writ petition as well as the
documents annexed thereto.
3. The present writ application has been filed by the Petitioners
with the following prayer:-
"Under the above circumstances, it is humbly
prayed that this Hon'ble Court may graciously be
pleased to direct the Respondent authorities to
regularize the services of the Petitioners alike the
Paramedics, Dental Surgeons and Asst. Surgeons
appointed on contractual basis as per order under
Annexures-3, 4 & 5 in implementation of the decision
taken with approval of Hon'ble Chief Minister, Odisha
on 30.01.2017 in the File No.GAD-SC-GCS-0072-2018
forth with all consequential service and financial
benefits."
4. It is submitted by Mr. Mohanty, learned counsel appearing for
the Petitioners that initially the Petitioners were appointed/ engaged on
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29.04.2003 and accordingly they joined in service on 02.05.2003.
Thereafter, the Petitioners are continuing in service uninterruptedly for
a period of 20 years as a Medical Officer (AYUSH). It is submitted by
learned counsel appearing for the Petitioners that although the
Petitioners have served uninterruptedly for a period of 20 years, their
services have not been regularized as of now. However, the
Government, in Health & Family Welfare Department vide resolution
dated 18.01.2015, has regularized the services of contractual Dental
Surgeons. It is further contended by Mr. Mohanty, learned counsel for
the petitioners that the Paramedics who were continuing in different
schemes/ societies have also been regularized in the meantime pursuant
to the decision of the Government.
5. Learned counsel for the Petitioners further drawing attention of
this Court to the information obtained under the Right to Information
Act submitted that so far regularization of Petitioners' service is
concerned. The matter was placed before the Hon'ble Chief Minister for
his concurrence. Further, referring to the note-sheet obtained under the
Right to Information Act, learned counsel for the Petitioner submitted
that the Hon'ble Chief Minister has already given his concurrence to the
appointment of the Petitioner on regular basis. In such view of the
matter learned counsel for the Petitioner submitted that a direction may
be given to Opposite Parties to regularize the service of the Petitioner.
6. Learned Addl. Government Advocate, on the other hand,
submitted that the Petitioners have wrongly approached the Hon'ble
Chief Minister of Odisha by filing a representation on 07.01.2023
under Annexure-7. He further submitted that instead of approaching
the Office of Hon'ble Chief Minister, the Petitioners should have
approached the appropriate Departmental Authority for taking
necessary action in the matter. In such view of the matter, learned
Addl. Government Advocate submitted that he will have no objection
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in the event the Petitioner is given liberty to approach the Opposite
Party No.1 by filing a fresh representation taking therein all the
grounds along with all supporting documents in support of his claim
for regularization of service and in the event such a representation is
filed, the same shall be considered in accordance with law within a
stipulated time.
7. Considering such submission made by learned counsels
appearing for the respective parties and upon a carful scrutiny of the
factual background of the present case as well as the documents
annexed to the writ application, this Court deems it proper to dispose
of the writ application by directing the Petitioner to file a fresh
representation before the Opposite Party No.1 within three weeks
from today along with all supporting documents. In the event, such a
representation is filed before the Opposite Party No.1, the Opposite
Party No.1 shall do well to consider the same keeping in view the
documents under Annexures-2, 3, 4 & 5 by passing a speaking and
reasoned order within a period of two months from today the filing of
representation before the Opposite Party No.1. It is open for the
Petitioner to rely upon any judgment of this Court and in such event a
copy thereof shall also be filed along with a representation. The
decision so taken by the Opposite Party No.1 be communicated to the
petitioner within two weeks from the date of taking such a decision.
8. With the aforesaid observations/ directions, the writ
application stands disposed of.
Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
Anil
ANIL KUMAR Digitally signed by ANIL
KUMAR SAHOO
SAHOO Date: 2023.05.05
18:54:29 +05'30'
