WP(C)/35693/2020 of RASMITA KUMARI PADHY Vs STATE OF ODISHA on 27 August 2026

ORDER

27.08.2026

5.

1. This matter is taken up through Hybrid

Arrangement (Virtual/Physical) Mode.

2. Heard learned counsel appearing for the parties.

3. Petitioners have filed the present writ petition inter alia with the following 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.04.12.2020 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

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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 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 petitioners shall as in duty bound ever pray;

4. It is contended that the issue involved in the present case is covered by an order passed by this Court in the case of Amaresh Behera and Others , 2024 (II) ILR-CUT-642. It is further contended that the order passed in the case of Amaresh Behera and Others in the meantime has been confirmed vide order dtd.07.05.2026 in W.A. NO.9 of 2025 and batch. It is accordingly contended that since the issue has already been decided in the case of Amaresh Behera so upheld in the Writ Appeal, Petitioner’s claim for regularisation

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be considered in the light of the judgment passed in the case of Amaresh Behera.

4. Learned Addl. Standing Counsel does not dispute the order passed in the case of Amaresh Behera so upheld in the Writ Appeal.

5. Having heard learned counsel appearing for the parties and considering the submission made, the present Writ Petition stands disposed of in the light of the judgment passed in the case of Amaresh Behera & Others.

6. The Writ Petition accordingly stands disposed of.

(Biraja Prasanna Satapathy)

Judge sangita Digitally Signed Signed by: SANGITA PATRA Reason: authentication of order Location: high court of orissa, cuttack Date: 29-Aug-2026 13:29:25 Signature Not Verified