Orissa High Court
Chinmayee Patnaik And vs State Of Odisha And Others .... Opposite ... on 24 October, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.35420 of 2020
Chinmayee Patnaik and .... Petitioners
others
Mr. K.C. Sahu, Advocate
-versus-
State of Odisha and others .... Opposite Parties
Mr. P.P. Behera, ASC
Mr. B.P. Tripathy, Sr. Advocate
(For O.P. Nos.1 & 4)
Mr. K.K. Swain, Advocate
(For intervener)
W.P.(C) No.8901 of 2020
Sunemia Mahananda .... Petitioner
Mr. B.K. Sharma, Sr. Adv.
-versus-
State of Odisha and others .... Opposite Parties
Mr. P.P. Behera, ASC
Mr. B.P. Tripathy, Sr. Advocate
(For O.P. No.2)
W.P.(C) No.34459 of 2020
Rasmita Kumari Swain .... Petitioner
Mr. N. Panda, Adv.
-versus-
The State of Odisha and .... Opposite Parties
others
Mr. P.P. Behera, ASC
Mr. B.P. Tripathy, Sr. Advocate
(For O.P. No.3)
Page 1 of 13
W.P.(C) No.35697 of 2020
Margarita Pradhan and .... Petitioners
another
Mr. K.C. Sahu, Advocate
-versus-
State of Odisha and others .... Opposite Parties
Mr. P.P. Behera, ASC
Mr. B.P. Tripathy, Sr. Advocate
(For O.P. No.4)
W.P.(C) No.37123 of 2020
Gitanjali Mahanta and .... Petitioners
another
Mr. K.C. Sahu, Adv.
-versus-
State of Odisha and others .... Opposite Parties
Mr. P.P. Behera, ASC
Mr. B.P. Tripathy, Sr. Advocate
(For Intervener)
W.P.(C) No.2263 of 2021
Itishree Pradhan .... Petitioner
Mr. G. Sinha, Adv.
-versus-
State of Odisha and others .... Opposite Parties
Mr. P.P. Behera, ASC
Mr. B.P. Tripathy, Sr. Advocate
(For O.P. No.4)
Page 2 of 13
W.P.(C) No.2265 of 2021
Minakshee Barge .... Petitioner
Mr. G. Sinha, Adv.
-versus-
State of Odisha and others .... Opposite Parties
Mr. P.P. Behera, ASC
Mr. B.P. Tripathy, Sr. Advocate
(For Intervener)
W.P.(C) No.2267 of 2021
Debaki Padhan .... Petitioner
Mr. G. Sinha, Adv.
-versus-
State of Odisha and others .... Opposite Parties
Mr. P.P. Behera, ASC
Mr. S. Rout, Adv.
(For Intervener)
Mr. B.P. Tripathy, Sr. Advocate
(For O.P. No.4)
W.P.(C) No.2269 of 2021
Subhashree Padhan .... Petitioner
Mr. G. Sinha, Adv.
-versus-
State of Odisha and others .... Opposite Parties
Mr. P.P. Behera, ASC
Mr. B.P. Tripathy, Sr. Advocate
(For O.P. No.4)
Mr. S. Rout, Adv.
(For Intervener)
Page 3 of 13
W.P.(C) No.2270 of 2021
Priyadarshinee Bhoi .... Petitioner
Mr. G. Sinha, Adv.
-versus-
State of Odisha and others .... Opposite Parties
Mr. P.P. Behera, ASC
Mr. B.P. Tripathy, Sr. Advocate
(For O.P. No.4)
Mr. S. Rout, Adv.
(For Intervener)
W.P.(C) No.3351 of 2021
Barsharani Dalai and .... Petitioners
another
Mr. A.K. Pandey, Adv.
-versus-
State of Odisha and others .... Opposite Parties
Mr. P.P. Behera, ASC
Mr. B.P. Tripathy, Sr. Advocate
(For O.P. No.4)
W.P.(C) No.13659 of 2021
Kabita Moharana and .... Petitioners
others
Mr. K.C. Sahu, Adv.
-versus-
State of Odisha and others .... Opposite Parties
Mr. P.P. Behera, ASC
Mr. B.P. Tripathy, Sr. Advocate
(For O.P. No.2)
Page 4 of 13
W.P.(C) No.13663 of 2021
Rashmita Mohanta and .... Petitioners
others
Mr. K.C. Sahu, Adv.
-versus-
State of Odisha and others .... Opposite Parties
Mr. P.P. Behera, ASC
Mr. B.P. Tripathy, Sr. Advocate
(For O.P. No.3)
W.P.(C) No.13664 of 2021
Madhusmita Biswal and .... Petitioners
others
Mr. K.C. Sahu, Adv.
-versus-
State of Odisha and others .... Opposite Parties
Mr. P.P. Behera, ASC
Mr. B.P. Tripathy, Sr. Advocate
(For O.P. No.4)
W.P.(C) No.15712 of 2021
Sujata Hota and another .... Petitioners
Mr. K.C. Sahu, Adv.
-versus-
State of Odisha and others .... Opposite Parties
Mr. P.P. Behera, ASC
Mr. B.P. Tripathy, Sr. Advocate
(For O.P. No.2)
Page 5 of 13
W.P.(C) No.15732 of 2021
Santoshini Samantray and .... Petitioners
others
Mr. R.K. Patnaik, Adv.
-versus-
State of Odisha and others .... Opposite Parties
Mr. P.P. Behera, ASC
Mr. B.P. Tripathy, Sr. Advocate
(For O.P. No.4)
W.P.(C) No.26212 of 2021
Narmada Nayak and .... Petitioners
another
Mr. K.C. Sahu, Adv.
-versus-
State of Odisha and others .... Opposite Parties
Mr. P.P. Behera, ASC
Mr. B.P. Tripathy, Sr. Advocate
(For O.P. No.4)
W.P.(C) No.26919 of 2021
Nandita Ray .... Petitioners
Mr. K.C. Sahu, Adv.
-versus-
State of Odisha and others .... Opposite Parties
Mr. P.P. Behera, ASC
Mr. B.P. Tripathy, Sr. Advocate
(For Intervener)
Page 6 of 13
W.P.(C) No.26923 of 2021
Santi Lata Nayak and .... Petitioners
another
Mr. K.C. Sahu, Adv.
-versus-
State of Odisha and others .... Opposite Parties
Mr. P.P. Behera, ASC
Mr. B.P. Tripathy, Sr. Advocate
(For Intervener)
W.P.(C) No.28210 of 2021
Sabita Khatua and others .... Petitioners
Mr. K.C. Sahu, Adv.
-versus-
State of Odisha and others .... Opposite Parties
Mr. P.P. Behera, ASC
Mr. B.P. Tripathy, Sr. Advocate
(For O.P. No.4)
W.P.(C) No.28624 of 2021
Dharitri Mahanta and .... Petitioners
another
Mr. K.C. Sahu, Adv.
-versus-
State of Odisha and others .... Opposite Parties
Mr. P.P. Behera, ASC
Mr. B.P. Tripathy, Sr. Advocate
(For O.P. No.4)
Page 7 of 13
W.P.(C) No.30725 of 2021
Nirupama Jena and .... Petitioners
another
Mr. K.C. Sahu, Adv.
-versus-
State of Odisha and others .... Opposite Parties
Mr. P.P. Behera, ASC
Mr. B.P. Tripathy, Sr. Advocate
W.P.(C) No.32204 of 2021
Smaranika Nayak .... Petitioner
Mr. K.C. Sahu, Adv.
-versus-
State of Odisha and others .... Opposite Parties
Mr. P.P. Behera, ASC
W.P.(C) No.33821 of 2021
Manjulata Maharana and .... Petitioners
others
Mr. K.C. Sahu, Adv.
-versus-
State of Odisha and others .... Opposite Parties
Mr. P.P. Behera, ASC
Mr. B.P. Tripathy, Sr. Adv.
(For O.P. No.4)
Page 8 of 13
W.P.(C) No.34910 of 2021
Sabita Kumari Maharana .... Petitioners
and others
Mr. K.C. Sahu, Adv.
-versus-
State of Odisha and others .... Opposite Parties
Mr. P.P. Behera, ASC
CORAM: JUSTICE SANJAY KUMAR MISHRA
ORDER
24.10.2025
Order No.
02. This matter is taken up through hybrid mode.
2. W.P.(C) No.35420 of 2020, which is the leading case
on board, so also the other connected writ petitions on
board, having similar issues and prayers, on consent of the
learned Counsel for the parties, are taken up for hearing
and disposal vide this common order.
3. In W.P.(C) No.35420 of 2020, which is the leading
case, 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 MPHW(F)/ANM
working under RBSK scheme of NHM and
also to set-aside the impugned decision of
the government as per impugned order
dtd.19.11.2020 under Annexure-8 (Series) so
for it relates to regularization / induction as
well as declaration of MPHW(F) / ANM 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 MPHW(F)/ANM in
MHU/RBSK Scheme under the NHM 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
MPHW(F)/ANMs working under the NHM like
the petitioners as has been done under
Annexure-8(Series) 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."
(Emphasis supplied)
4. Pursuant to order dated 09.10.2025, Mr. B.P.
Tripathy, learned Senior Counsel, who represents the
Opposite party Nos.1 and 4, submits that the submission
made on 09.10.2025 by the learned Counsel for the
Petitioners is correct. Paragraph No.2 of the said order
dated 09.10.2025, being relevant, is reproduced below.
"2. Learned Counsel for the Petitioners
submits, the subject matter of the present writ
petition is covered by the judgment passed by the
coordinate Bench in Amaresh Behera & Ors. Vs.
State of Odisha & ors., reported in 2024(II) ILR
CUT 642, so also order dated 31.07.2025 passed
in W.P.(C) No.4564 of 2021 in Chandan Kumar
Kar & ors. Vs. State of Odisha & ors. He files
photocopy of the judgment in Amaresh
Behera(supra) in the Court, which are taken on
record."
5. However, Mr. Tripathy, learned Senior Counsel
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
subjudice.
6. It is found from the order dated 31.07.2025 passed
by the coordinate Bench in Chandan Kumar Kar(supra)
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)
7. 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.
8. Hence, Chief District Medical & Public Health Officer
of concerned districts, who are parties to the present writ
petition and the connected writ petitions on board, 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 dated 26.04.2024 passed in W.P.(C) No.35563 of
2020 and batch (Amaresh Behera and others Vs. State
of Odisha and others), reported in 2024 (II) ILR CUT 642,
within a period of three months from the date of production
of certified copy of this order.
9. Accordingly, the present writ petition as well as
connected writ petitions on board, having similar prayers,
are allowed and disposed of in terms of the observation
made above.
10. It is made clear that, in view of disposal of all the writ
petitions, the interim orders, if any, passed in the leading
case as well as in the connected writ petitions on board
stand merged with this order and disposed of accordingly.
11. All the pending applications, including intervention
applications, in the leading writ petition as well as
connected writ petitions on board, if any, also stand
disposed of accordingly.
12. Urgent certified copy of this order be granted as per
rules.
Kanhu
(S. K. MISHRA)
JUDGE
Designation: Junior Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack.
Date: 25-Oct-2025 14:15:03
