Orissa High Court
Priyadarshini Madhusmita Nayak vs State Of Odisha &Others on 15 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.36919 of 2022
Priyadarshini Madhusmita Nayak .... Petitioner
Mr. S.K. Jee, Advocate
-versus-
State of Odisha &others .... Opposite Parties
Mr. P.C. Das, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 15.05.2023
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the petitioner as well as learned
counsel for the State. Perused the writ petition as well as documents
annexed thereto.
3. The present writ petition has been filed by the petitioner with
the following prayers:
"Under these circumstances, the petitioner prays
that Your Lordships would graciously be pleased to
admit this writ application, issue appropriate writ/writs
to the Opposite parties and after hearing:-
(i) To quash the impugned decision taken in
the Higher Committee dated 17.12.2021
vide Annexure-9;
(ii) To direct the Opposite parties to regularize
the petitioner w.e.f. 28.01.2020 when she
completed 6(Six) years of service as
Pharmacist and release the salary from the
said date as admissible to a regular post of
Pharmacist with appropriate pay revision;
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(iii) To correct the gradation list vide Annexure-
8 reflecting her position as regular
employee.
And/of to pass such other order/ orders,
direction/ directions as this Hon'ble Court
deems just, fit, equitable and proper in the
facts and circumstances of the present
case;"
4. It is submitted by learned counsel for the petitioner that the
case of the petitioner is squarely covered to the ratio decided in the
case of Debendra Deep vrs. State of Odisha and others in W.P.(C)
No.36735 of 2022 which was disposed of on 28.02.2023.
5. On perusal of the order passed in Debendra Deep vrs. State of
Odisha and others(supra), this Court observed by referring to a
judgment of Hon'ble Supreme Court in case of Puneet Sharma vrs.
Himachal radish State Electricity Board Ltd. : reported in AIR 2021
and Durga Madhab Dakua and another vrs. State of Odisha in
WPC(OAC) No.1889 of 2017 decided on 27.09.2021 under
Annexure-13 which is finally concluded that the view of the
Government vide letter dated 12.12.2021 under Annexire-1 issued by
the Directorate of Health Services, Bhubaneswar represents a correct
picture and therefore, the said letter dated 10.12.2021 so far it relates
to the eligibility criteria for appointment to the post of Pharmacist is
concerned was quashed by this Court and the matter has been
remitted back to the Directorate Health Services, Odisha to
reconsider the matter in the light of the aforesaid judgments.
6. Learned counsel for the State, on the other hand, submitted
that the Opposite Parties may be directed to examine the case of the
petitioner covered by the ratio in Debendra Deep vrs. State of
Odisha and others case (supra). In the event Opposite Parties came
to a conclusion that the petitioner stands on similar footing in the
// 3 //
case of Debendra Deep vrs. State of Odisha and others (supra) may
be directed to consider the case of the petitioner in the light of the
order passed in W.P.(C) No.36735 of 2022 which was disposed of on
28.02.2023 and he has no objection to the same.
7. Considering the aforesaid submissions made by the learned
counsel for the parties, further keeping view the consideration of the
background of facts of the case as well as judgments referred to
hereinabove, this Court deems it proper to remitted back to the
Director of Health Services, Odisha Bhubaneswar-Opposite Party
No.2 to take a decision so far as the petitioner is concerned, keeping
in view the judgment passed in the case of Debendra Deep vrs. State
of Odisha and others (supra). Further, it is directed that the Opposite
Party No.2 verify the case of the petitioner is covered by the ration in
the case of Debendra Deep vrs. Stae of Odisha and others (supra).
In the event Opposite Party No.2 came to conclusion that the
petitioner is covered in the aforesaid case, the case of the petitioner
be considered within a period six weeks from the date of
communication of this order. Decision so taken shall be
communicated to the petitioner within a period of two weeks
thereafter.
8. With the aforesaid observation/direction, the writ petition is
disposed of.
Urgent certified copy of this order be granted on proper
application.
Signature Not Verified ( A.K. Mohapatra )
Digitally Signed Judge
Signed by: JAGABANDHU
Jagabandhu BEHERA
Designation: Secretary-in-Charge
Reason: Authentication
Location: OHC, CUTTACK
Date: 18-May-2023 10:58:37
