Disposed¶23

Bijayalaxmi Mishra v. State of Orissa

Orissa HC10 Jul 2024WP(C)/4491/2018

Case brief

AI extract

What is this about?

Termination of scheme-appointed Consultant Nursing-Management employee by Mission Director, National Health Mission, Odisha (order dated 28.02.2018, Annexure-7); writ petition seeking reinstatement; Court disposed of petition directing fresh representation to appropriate authority within two weeks and consideration/accommodation in a post per educational qualification and experience; High Court of Orissa at Cuttack; W.P.(C) No.4491 of 2018; decided 10.07.2024 by Dr. Justice S.K. Panigrahi.

What did the court decide?

No direct reinstatement ordered; petitioner directed to submit a fresh representation to the appropriate authority within two weeks, and that authority directed to consider the representation and attempt to accommodate her in any post suited to her educational qualification and experience. ¶23

Bijayalaxmi Mishra Vs State of Orissa — Orissa HC (2024) — LawSathi Research

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

W.P.(C) No.4491 of 2018

¶3

Bijayalaxmi Mishra …. Petitioner(s) Mr. Tanmay Mishra, Adv.

¶4

-versus-

¶5

The State of Odisha & Ors. …. Opposite Parties Mr. Bibhu Prasad Tripathy, Adv.

¶6

for O.P.3

¶7

CORAM:

¶8

DR. JUSTICE S.K. PANIGRAHI

Order

No.

ORDER

10.07.2024

1 . This matter is taken up through hybrid arrangement.

¶15

2 . In filing this Writ Petition, the Petitioner being a terminated employee from the post of Consultant Nursing-Management, has challenged the order of termination dated 28.02.2018/Annexure-7 passed by the Mission Director, National Health Mission, Odisha.

¶16

Apart from the above challenge, the Petitioner has also sought for a direction from this Court to the Opposite Parties for reinstating her in service.

¶17

3 . At the outset, learned counsel for the Opposite Party No.3 submits that since the Petitioner was appointed in a Scheme, she should approach the appropriate authority for the above purpose.

¶18

Signature Not Verified

¶19

4 . At this juncture, learned counsel for the Petitioner su bm its that termination of the Petitioner may be a bar in consideration of the representation of the Petitioner.

¶20

Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 10-Jul-2024 19:21:54

¶21

Page 1 of 2

¶22

5 . Be that as it may, this Court directs the Petitioner to approach the appropriate authority with a fresh representation within a period of two weeks hence. It is further directed that the authority concerned being oblivious to the fact that the Petitioner was terminated from service, shall consider the said representation of the Petitioner and make an attempt to accommodate her in any post looking to her educational qualification and experience.

¶23

6 . This Writ Petition is, accordingly, disposed of.

¶24

(Dr. S.K. Panigrahi) Judge

¶25

Ayaskanta

¶26

Signature Not Verified

¶27

Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 10-Jul-2024 19:21:54

¶28

Page 2 of 2

Bijayalaxmi Mishra v. State of Orissa

Case brief

What is this about?

What did the court decide?

Bijayalaxmi Mishra v. State of Orissa

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Arun Ku.Nayak Vs C.E.O.,Cesu

Kunj Bihari Mohanty Vs State of Odisha

Sanjaya Kumar Mallick Vs Regional Manager, Reserve Bank of India, Khurda

Santosini Mishra Vs O.H.P.C and Ors.

M/S.Mayurbhanj C.C.B Vs Ajitesh Kumar

P.Vivek Vs Zonal Manager, Indian Bank, Bbsr