Citation : 2025 Latest Caselaw 11571 Ori
Judgement Date : 22 December, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.29098 of 2021
Sonalisha Routray .... Petitioner
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.2)
CORAM: JUSTICE SANJAY KUMAR MISHRA
ORDER
22.12.2025 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 tis writ petition,
(ii) The Hon'ble Court be pleased to quash the impugned portion of the letters/order(s) under Annexure-4 & 5 so far it relates to non-inclusion of posts of MPHW(F)/ANM working under MHU/RBSK scheme of NHM and also to set-aside the impugned decision of the government as per impugned orders dtd.04.12.2020 under Annexure-7 so far it relates to regularization induction as well as declaration of MPHW(F) /ANM(s) who were
juniors to the Petitioner 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 Petitioner who are working as contractual MPHW(F) / ANM in MHU/RBSK Scheme under the NHM Scheme in the process of regularization by further regularizing the services of the Petitioner from the date of completion of 6 years of contractual service like other contractual paramedic employees including the same MPHW(F)/ANMs working under the NHM like the Petitioner as has been done under Annexure-7 keeping in view of the provisions of Statutory recruitment rule under Annexure-3 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 Petitioner 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 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.2 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, 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 grievance of the Petitioner.
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 passed in Amaresh Behera (supra), within a period of three months from the date of production of certified copy of this order.
8. Accordingly, the writ petition is allowed and disposed of.
9. In view of disposal of the writ petition, interim order, if any, stands vacated. 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
Location: High Court of Orissa, Cuttack. Date: 23-Dec-2025 16:08:58
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