[Cites 2, Cited by 0]
Orissa High Court
Swarnalipa Barik And vs State Of Odisha And Others .... Opposite ... on 12 December, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.37369 of 2020
Swarnalipa Barik and .... Petitioners
others
Mr. K.C. Sahu, Advocate
-versus-
State of Odisha and others .... Opposite Parties
Mr. P.P. Behera, ASC
Mr. N. Barik, Advocate
(For O.P. No.4)
CORAM: JUSTICE SANJAY KUMAR MISHRA
ORDER
12.12.2025
Order No.
04. This matter is taken up through hybrid mode.
2. In the present writ petition, the following prayers
have been made:-
"PRAYER
It is therefore prayed that the Hon'ble Court be
graciously pleased to pass following relief(s):-
(i) The Hon'ble Court be pleased to admit
& allow this writ petition,
(ii) The Hon'ble Court be pleased to quash
the impugned portion of the
letters/order(s) under Annexure-5 & 6
so far it relates to non-inclusion of posts
of STAFF NURSE working under RBSK
scheme of NHM and also to set-aside
the impugned decision of the
government as per impugned order dtd.
18.11.2020 under Annexure-8(Series) so
for it relates to regularization/ induction
as well as declaration of STAFF NURSE
who were juniors to the petitioners as
the status of government employees by
declaring the said action of the
government as illegal & discriminatory
one,
(iii) The Hon'ble Court be pleased to further
direct the Opp. Parties for inclusion /
induction of the petitioners who are
working as contractual Staff Nurse in
MHU/RBSK Scheme under the NHΜ
Scheme in the process of regularization
by further regularizing the services of
the petitioners from the date of
completion of 6 years of contractual
service like other contractual paramedic
employees including the same Staff
Nurse(S) working under the NHM like
the petitioners as has been done under
Annexure-8 keeping in view of the
provisions of Statutory recruitment rule
under Annexure-4 with all consequential
service & financial benefits within a
stipulated period for the interest of
justice.
(iv) The Hon'ble Court be pleased to pass
any other order(s) /direction(s) as
deems fit & proper for the bonafide
interest of justice.
And for this act of kindness, the petitioners
shall as in duty bound ever pray;"
3. It is submitted at the Bar that the subject matter of
the present writ petition is squarely covered by the
judgment passed in Amaresh Behera and others Vs.
State of Odisha and others), reported in 2024 (II) ILR
CUT 642.
4. However, Mr. Barik, learned Counsel for the Opposite
Party No.4 submits, a writ appeal has been preferred by the
State against the said common judgment passed by the
coordinate Bench in Amaresh Behera (supra), which is
still sub-judice.
5. It is found from the order dated 31.07.2025 passed
by the coordinate Bench in Chandan Kumar Kar & others
Vs. State of Odisha & others that, though a similar
submission was made by the learned Counsel for the
Opposite Party No.4 in the said case, who is also the
Opposite Party No.4 in the present case, the coordinate
Bench disposed of the said writ petition with the following
observations.
"4. It is contended that the issue involved in
the present case is squarely covered by the
judgment delivered by this Court on 26.04.2024
in W.P.(C) No.35563 of 2020 and batch.
4.1. It is also contended that by following
the aforesaid decision, this Court vide order
dated 19.09.2024 in W.P.(C) No.22890 of 2024
also disposed of similar nature of claim as
made by the petitioner. It is accordingly
contended that the present Writ petition be
disposed of in the light of the order passed in
W.P.(C) No.35563 of 2020 so followed in W.P.(C)
No.22890 of 2024.
5. Even though Mr. B.P. Tripathy,
learned counsel appearing for O.P. No.4,
contended that against the order passed in
W.P.(C) No.35563 of 2020, a writ appeal is
pending but since no interim order passed
in the writ appeal is available, this Court
is inclined to dispose of the present Writ
Petition in the light of the judgment dated
26.04.2024 passed in W.P.(C) No.35563 of
2020.
6. The Writ Petition along with all pending
I.As. stand disposed of."
(Emphasis Supplied)
6. At this stage, a query being made, it is submitted at
the Bar that the Chief District Medical & Public Health
Officer of the concerned districts so also the Principal
Secretary, Health & Family Welfare Department, Odisha
Secretariat, Bhubaneswar, are the decision making
authorities and competent to look into the grievances of the
Petitioners.
7. Hence, Chief District Medical & Public Health Officer
of concerned districts, who are parties to the present writ
petition, so also the Principal Secretary, Health & Family
Welfare Department, Odisha are directed to act in terms of
the observations made in paragraph Nos.46 to 48 of the
judgment in Amaresh Behera (supra), within a period of
three months from the date of production of certified copy
of this order.
8. Accordingly, the present writ petition stands allowed
and disposed of in terms of the observation made above.
9. It is made clear that, in view of disposal of the writ
petition, the interim order, if any, stands merged with this
order and the pending applications, if any, also stand
disposed of accordingly.
10. Urgent certified copy of this order be granted as per
rules.
Prasant
(S. K. MISHRA)
JUDGE
Signed by: PRASANT KUMAR PRADHAN
Reason: Authentication
Location: High Court of Orissa, Cuttack.
Date: 13-Dec-2025 16:57:46
