Sashibhusan Rath vs Ms. Aswathy S
2025 Latest Caselaw 93 Ori

Orissa High Court

Sashibhusan Rath vs Ms. Aswathy S on 3 May, 2025

Author: Murahari Sri Raman

Bench: Murahari Sri Raman

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                              CONTC No.228 of 2025
                 Sashibhusan Rath                ....    Petitioner
                                             Mr. Bhagawan Biswal, Advocate
                                          -versus-
                 Ms. Aswathy S, IAS                 ....              Opposite
                                                            Party/Contemnor
                       Mr. Santosh Kumar Brahma, Additional Standing Counsel
                                     CORAM:
                     HON'BLE MR. JUSTICE MURAHARI SRI RAMAN
                                           ORDER

Order No.                                 03.05.2025
   03.

This matter is taken up through Hybrid mode.

2. Mr. Bhagawan Biswal, learned counsel drew attention of this Court to order dated 09.12.2020 passed by the Additional Chief Secretary to Government, Health and Family Welfare Department, Government of Odisha-Opposite Party as reflected in Judgement dated 21.10.2024 passed in W.P.(C) No.409 of 2021. He submitted that this Court has set aside the said order of the Government and directed as follows:

"**** **** ****

12. In the wake of the above discussions and for the reasons enumerated herein supra, the impugned order dated 09.12.2020 of the Additional Chief Secretary to Government, Health and Family Welfare Department is liable to set aside and, this Court does so. 12.1. Having thus set aside the Order dated 09.12.2020, it is apposite to direct the opposite party No.1 to consider the grievance of the petitioner for regularization in service in the post of MPHW(M) in terms of the observations made above and take a

decision afresh within a period of eight weeks from today.

12.2 Needless to say that the opposite party No.1 shall, while deciding the matter afresh as directed above, keep in view the legal position set forth in the decision referred to supra."

3. Overreaching the observations made in the judgment of this Court in the writ petition, it is submitted by the counsel that the contemnor has stated to have passed order dated 18.02.2025 in compliance of said judgment. The order dated 18.02.2025 is not in consonance with the observation made in the Judgment of this Court. The Commissioner-cum-Secretary, Health and Family Welfare Department has passed an order dated 18.02.2025 purportedly on the self-same ground which was set aside by this Court while considering the order dated 09.12.2020.

4. Mr. Santosh Kumar Brahma, learned Additional Standing Counsel submitted that Ms. Aswathy S, Commissioner-cum-Secretary to Government of Odisha in Health and Welfare Department has filed compliance affidavit enclosing therewith copy of order dated 18.02.2025 passed in compliance of direction contained in Judgement dated 21.10.2024 passed in the writ petition.

5. This Court is prima facie of the view that the observation made in Judgement dated 21.10.2024 has not been taken care of while passing the order dated 18.02.2025. Needless to observe that in absence of any appeal preferred against the judgment, the observations made therein are binding upon the parties and the authority is obligated to follow the same while considering the grievance of the petitioner.

6. For consideration of compliance affidavit in her presence, issue notice to the contemnor-Ms. Aswathy S, IAS, by Registered Post/Speed Post with A.D., requisites for which shall be filed within three working days. In the event of furnishing such requisite within the period stipulated, the Office shall send the notice to the said Opposite Party by fixing a short returnable date.

7. List this matter on 24.06.2025.

(M.S. Raman) Judge Suchitra

Designation: JUNIOR STENOGRAPHER

Location: HIGH COURT OF ORISSA, CUTTACK Date: 03-May-2025 13:04:39