Indian Kanoon - Search engine for Indian Law

Orissa High Court

Smt. Sasmita Nayak And Others vs State Of Odisha & Others .... Opposite ... on 9 May, 2023

Author: A.K. Mohapatra

Bench: A.K. Mohapatra

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 W.P.(C) No.14424 of 2023

                 Smt. Sasmita Nayak and others            ....            Petitioners

                                                         Mr. K.C. Sahu, Advocate
                                             -versus-
                 State of Odisha & others                 ....     Opposite Parties

                                                        Mr. Tarun Pattnaik, A.S.C.
                                      CORAM:
                             JUSTICE A.K. MOHAPATRA

                                             ORDER

Order No.                                   09.05.2023
    01.     1.      This matter is taken up through Hybrid Arrangement (Virtual
            /Physical Mode).

2. Heard learned counsel for the petitioners as well as learned counsel for the State. Perused the writ petition as well as documents annexed thereto.

3. The present writ petition has been filed by the petitioners with the following prayers:

"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 allow this writ petition by directing the Opp. parties to regularize/induct the service of the petitioners as regular MPHW(F) by holding HPC as per Rule-4 & 5 of "Odisha Multipurpose Health Workers Service (Method of Recruitment & Conditions of Service) Rules 2019" under Annexure-3 as per the letter of recommendation proposal of the Opp. party no.3 under Annexure-8 from the date of their // 2 // batch mates & juniors got regularization as per Annexure-7 (Series) with all consequential service & financial benefits within a time bound period for the interest of justice.

(iii) The Hon'ble Court be pleased to pass any other order(s) / direction(s) as deem fit & proper for the bonafide interest of justice."

4. It is submitted by Mr. K.C. Sahu, learned counsel for the petitioners that pursuant to the advertisement issued by the Opposite Party No.3, the petitioners were selected and appointed as an ANM/MPHW(F). Further, he submitted that on 22.04.2019, Government of Odisha in Health and Family Welfare Department, Odisha, Bhubaneswar has framed a recruitment rule, namely, "Odisha Multipurpose Health Worker(Female) Service (Method of Recruitment and Conditions of Service) Rules, 2019", which was notified in the gazette dated 22.04.2019. It was also contended that pursuant to the aforesaid rules, the service of ANM/MPHW(F) has been regularized by the authorities i.e. persons, who have completed six years of service on contractual basis by the rule came into force are considered for regularization of their services. He further submitted that since the petitioners have adequate experience and meeting of the requirement for regularization of their service. Their cases were placed before the HPC constituted for the purpose. The HPC meeting held on 16.11.2020 recommended for regularization of candidates including the petitioners and such decision was communicated on 04.12.2020 under Annexure-7 series. Accordingly, Opposite Party No.3 vide letter dated 15.01.2021 had sent a proposal for recommending the name of the petitioners and other eligible candidates to Opposite Party No.2 under Annexure-8. It is also submitted by learned counsel for the petitioners that despite such recommendation by directing the Health and Family Welfare Department, no decision has been taken in Government level by the // 3 // Opposite Party No.1 and 2. Accordingly, the petitioners have approached this Court by filing the present writ petition.

5. Learned counsel for the State, on the other hand, submits that initially the cases of the petitioners were considered since the petitioners had only to submit certain documents. Further, he referred to the letter dated 15.01.2021 under Annexure-8 submitted, it appears that letter was issuing to the Director of Family Welfare, Odisha. He further submits that he has no objection, if a direction is given to the Opposite Party No.1 and 2 to consider the cases of the petitioners in accordance with law within a stipulated period of time.

6. Considering the submissions made and further careful scrutiny of the factual background of the case, this Court deems it proper to dispose of the writ petition at the stage of admission with a direction to the Government in Health and Family Welfare Department, Bhubaneswar- Opposite Party No.1 and Director of Family Welfare, Odisha-Opposite Party No.2 to consider the cases of the petitioners and the letter dated 15.01.2021 under Annexure-8 in accordance with law within a period of six weeks from the date of production of certified copy of this order. Decision so taken shall be communicated to the petitioners within a period of two weeks thereafter.

7. With the aforesaid observation/direction, the writ petition is disposed of.

Urgent certified copy of this order be granted on proper Signature Not Verified application.

Date: 15-May-2023 13:17:51 ( A.K. Mohapatra ) Judge Debasis