Orissa High Court
Dr. Lopamudra Nanda & Others vs Ms. Aswathy S on 15 September, 2025
Author: Murahari Sri Raman
Bench: Murahari Sri Raman
IN THE HIGH COURT OF ORISSA AT CUTTACK
CONTC No.1672 of 2025
Dr. Lopamudra Nanda & others .... Petitioners
Mr. Satyabrata Mohanty, Advocate
-versus-
Ms. Aswathy S., IAS, Secretary, Health .... Opposite Party
& Family Welfare Department, Govt. of
Odisha, Bhubaneswar
Ms. Suman Pattanayak, AGA
CORAM:
HON'BLE MR. JUSTICE MURAHARI SRI RAMAN
Order No. ORDER
05. 15.09.2025
1.
Sri Satyabrata Mohanty, learned counsel appearing for the
petitioners submitted that final hearing of the matter in W.P.(C)
No.27353 of 2023 (Dr. Lopamudra Nanda and others vrs. State of
Odisha and others) was concluded on 12.11.2024, wherein the
opposite parties have also participated and on 12.11.2024 on
conclusion of hearing, the matter was reserved for delivery of
judgment. The judgment was pronounced on 27.01.2025. On
04.01.2025, a letter was issued by Dr. Lopamudra Nanda and others
addressed to the Secretary, Health & Family Welfare Department,
Government of Odisha, Bhubaneswar indicating the fact of
conclusion of hearing of the writ petition on 12.11.2024 (Annexure-
3 Series). However, a compliance affidavit dated 09.09.2025 sworn
to by the Commissioner-cum-Secretary to Government of Odisha in
Health and Family Welfare Department, Bhubaneswar, has come to
be filed enclosing therewith an order dated 23.04.2025 rejecting the
claim of the petitioners. It is emphasized that in the letter dated
04.01.2025 the petitioners have clearly impressed upon the Secretary,
Health and Family Welfare Department, Government of Odisha as
follows:-
"That we came to know from Notice No.35703 dt.27.12.2024
you are proceeding with counseling of 110 Nos of post of
M.O. (Ayurveda) which is commencing from 2.1.2025 to
5.1.2025 making the writ petition infructuous and without
awaiting the judgment of Hon'ble Court and also showing
disregard to the Hon'ble High Court.
In view of above we humbly pray before your good self
to take appropriate steps not to proceed with the counseling
or keep 22 post of M.O. (Ayurveda) vacant awaiting the
judgment of Hon'ble Court in W.P.(C) No.27353/2023 for
which act of your kindness & judiciousness we shall remain
highly obliged."
1.1. Sri Mohanty, learned counsel for the petitioners further
submitted that notwithstanding such fact being apprised to the Health
and Family Welfare Department, Government of Odisha, without
waiting for outcome of the case though hearing was concluded on
participation of learned Additional Government Advocate on behalf
of the opposite parties, the opposite parties have proceeded with the
matter rendering the claim in the writ petition infructuous. Such
deliberate attempt of the opposite parties amounts to contempt.
2. In view of the aforesaid, this Court is satisfied prima-facie
that when the hearing was concluded on 12.11.2024 in presence of
counsel representing the opposite parties and the said fact was also
brought to the notice of opposite party no.1 by the petitioners by way
of letter dated 04.01.2025, the opposite parties appear to have
deliberately proceeded with the counselling without waiting for the
result of the writ petition.
3. Issue notice to the opposite party by speed post with A.D.,
requisites for which shall be filed within three working days. In the
event of furnishing such requisites within the period stipulated,
Office shall send the notice to the said opposite party by fixing a short
returnable date.
4. List this matter on 17.10.2025.
(M.S. Raman)
Judge
MRS
Signature Not
Verified
Digitally Signed
Signed by: MANORANJAN
SAMAL
Designation: PERSONAL
ASSISTANT
Reason: Authentication
Location: Orissa High Court,
Cuttack
Date: 15-Sep-2025 14:05:16
