Disposed¶43

Srinibas Swain v. State of Odisha

Orissa HC10 Nov 2025WP(C)/5976/2023

Case brief

AI extract

What is this about?

Odisha HC writ petition — disengagement of contractually engaged GPTA for absence during medical leave (08.09.2018–30.11.2019); show-cause under Para-9(a)(i) of office order dated 14.03.2018; dis-engagement order (Annexure-8) and confirmations (Annexures-10, 12) quashed; fresh consideration of re-engagement claim directed within two months; medical and fitness certificates produced belatedly under Annexure-13 series; High Court of Orissa at Cuttack, W.P.(C) No.5976 of 2023, Justice Biraja Prasanna Satapathy, order dated 10.11.2025.

What did the court decide?

Quashing of orders under Annexures-8, 10 and 12; Opp. Party No.2 directed to take a fresh decision on the petitioner's claim for re-engagement within two months from receipt of the order along with the medical certificate (Annexure-13 series), with due communication to the petitioner.

Srinibas Swain Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner's dis-engagement vide order under Annexure-8 and its confirmation vide orders under Annexures-10 and 12 are sustainable in law, where the petitioner attributes his absence from duty (08.09.2018 to 30.11.2019) to prolonged illness supported by medical certificates.

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Court's answer

Based on the submissions and the documents produced by the petitioner pursuant to the order dated 17.09.2025, the Court concluded that the petitioner was under medical treatment during the period from 08.09.2018 to 30.11.2019.

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Ratio / Principle

Since the petitioner was dis-engaged (Annexure-8) and the dis-engagement confirmed (Annexures-10 and 12) only on the ground that the illness-related documents were never produced along with the reply to the show-cause, the Court held that the petitioner's claim for re-engagement requires a fresh consideration by Opp. Party No.2.

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Key takeaways

The Court quashed the orders issued under Annexures-8, 10 and 12 and directed Opp. Party No.2 to take a fresh decision on the petitioner's claim to get the benefit of re-engagement, permitting the petitioner to furnish the order with the medical certificate (Annexure-13 series) and requiring the fresh decision within two months of receipt, with due communication to the petitioner.ratio¶42

Detailed headnote1 paragraphs

W.P.(C) No.5976 of 2023 (High Court of Orissa at Cuttack, Justice Biraja Prasanna Satapathy, order dated 10.11.2025): Petitioner, engaged as GPTA on contractual basis on 17.06.2011, remained on medical leave from 08.09.2018 to 30.11.2019 due to prolonged illness and submitted his joining report on 01.12.2019 with medical and fitness certificates, which was not accepted. After a show-cause dated 05.07.2021 (Annexure-6) invoking Para-9(a)(i) of the office order dated 14.03.2018 and his reply dated 02.08.2021 (Annexure-7), Opp. Party No.2 dis-engaged him vide order dated 23.03.2022 (Annexure-8); his appeal was rejected on 20.08.2022 (Annexure-10) and his prayer before the Hon’ble Minister on 08.05.2023 (Annexure-12). Following the Court's interim order dated 17.09.2025 requiring production of illness-related documents, petitioner filed an additional affidavit with the medical documents and the doctor's fitness letter (Annexure-13 series). Finding that the petitioner was under medical treatment during the period and that the dis-engagement had proceeded only because such documents were not produced with the reply, the Court held that his re-engagement claim required fresh consideration, quashed the orders under Annexures-8, 10 and 12, and directed Opp. Party No.2 to take a fresh decision within two months of receipt of the order and the medical certificate, with due communication to the petitioner. Writ petition disposed of accordingly.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.5976 of 2023

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Srinibas Swain …. Petitioner Mr. N.R. Routray, Advocate -versus- State of Odisha and Others Opposite Parties

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…. Opposite Parties Mr. P.K. Panda, ASC

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CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY

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ORDER

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Order No. 10.11.2025 11. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

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2. Heard learned counsel for the parties.

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3. The present Writ Petition has been filed inter alia challenging order dated 23.03.2022, so passed by Opp. Party No.2 under Annexure-8 and further order passed by the Govt.-O.P. No.1 on 20.08.2022 under Annexure10 and subsequent order by the self-same O.P. No.1 on 08.05.2023 under Annexure-12.

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4. It is contended that petitioner was engaged as GPTA on being sponsored by the Panel maintained by the Committee of Chief Engineer, Govt. of Odisha. In terms of the letter issued on 31.05.2011 under Annexure-1, petitioner joined against the post of GPTA on contractual basis on 17.06.2011. Subsequently, petitioner was posted in the district of Jajpur and while

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continuing as such in the district of Jajpur, petitioner remained on Medical Leave w.e.f. 08.09.2018.

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4. 1. Learned counsel for the petitioner contended that because of his prolonged illness, petitioner remained on Medical Leave w.e.f. 08.09.2018 to 30.11.2019. After being declared fit, he joined his duty on 01.12.2019. Petitioner submitted his joining on 01.12.2019 before O.P. No.6 along with the Medical Certificate and Fitness Certificate issued by the concerned Doctor.

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4. 2. However, instead of allowing the petitioner to join w.e.f. 01.12.2019, petitioner was issued with the showcause by Opp. Party No.2 on 05.07.2021 under Annexure-6 inter alia on the issue that why petitioner will not be disengaged, in terms of the Para-9(a)(i) of office order dated 14.03.2018 as well as in terms of the agreement executed by him at the time of his initial engagement.

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4. 3. Learned counsel for the petitioner contended that on being provided with the show-cause, petitioner submitted a detailed reply on 02.08.2021 under Annexure-7 inter alia taking the ground that because of his illness from 08.12.2018 to 30.11.2019, petitioner could not join in his duty and after being declared fit, his joining report submitted on 01.12.2019 before O.P. No.6 was not accepted.

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4. 4. It is however contended that on the face of the reply submitted under Annexure-7, vide order dated

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23.03.2022 under Annexure-8 of Opp. Party No.2, petitioner was dis-engaged from his services. Even though petitioner made an appeal before O.P. No.1 under Annexure-9 but the said appeal was also rejected vide order dated 20.8.2022 under Annexure10. Not only that prayer of the petitioner made before the Hon’ble Minister under Annexure-11 was also rejected by the Govt. vide order dated 08.05.2023 under Annexure-12.

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4. 5. Learned counsel for the petitioner vehemently contended that since petitioner because of his prolonged illness from 08.09.2018 to 30.11.2019 could not join and in support of his illness and even though he produced the medical certificates in support of the same, but without accepting such plea of the petitioner, petitioner was issued with the show-cause after about 1 and ½ years of joining on 05.07.2021 under Annexure-6.

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4. 6. Even though petitioner submitted a detailed reply indicating therein that because of his illness he could not join during the period from 08.09.2018 to 30.11.2019 and his joining was not accepted even though it was submitted on 01.12.2019, but without proper appreciation of the said plea, petitioner was disengaged vide order dated 23.03.2022 under Annexure8 of Opp. Party NO.2, so confirmed by Opp. Party No.1 vide order dated 20.08.2022 under Annexure-10 and 08.05.2023 under Annexure-12.

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4. 7. It is accordingly contended that the ground on which petitioner was dis-engaged vide order under Annexure-8 confirmed vide order under Annexure-10 and 12 are not sustainable in the eye of law.

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5. Learned Addl. Standing Counsel basing on the stand taken in the counter affidavit contended that in support of his illness, petitioner since never produced any medical certificates, on the face of the reply filed to the show-cause dated 05.07.2021 under Annexure-6, vide Annexure-7, petitioner’s claim for his reengagement was refused. Because of such absence from duty for the period from 08.09.2018 to 30.11.2019, he was dis-engaged vide order dated 23.03.2022 under Annexure-8, taking recourse to the provisions contained under Para-9(a)(i) of order dated 14.03.2018. Para-9(a)(i) of the office order dated 14.03.2018 reads as follows:-

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“9(a)(i) On receipt of a report from the officers of P.R & D.W Department/Collectors/ P.D, DRDAS/ BDOs relating to lapses on the part of any GPTA and on the basis of primefacie material, a show cause notice will be issued to the concerned GPTA containing the charges directing him/her to submit his/her reply within a specified period not more than 30 days. The documents, if any, relied by the Disciplinary Authority, shall be communicated to the erring GPTA along with the show cause notice.”

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5. 1. Learned Addl. Standing Counsel accordingly contended that since in support of his illness and the fitness certificate obtained by the petitioner were never produced before the Opp. Party No.2 along with the

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reply submitted under Annexure-7, petitioner’s claim has been rightly rejected.

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6 . Considering the stand taken in the counter affidavit, this Court passed the following order on 17.09.2025:-

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“1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

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2. Heard learned counsel for the parties.

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3. Even though the present Writ Petition has been filed assailing the impugned order of dis-engagement on the ground that petitioner because of his illness could not join for a pretty long period, but no documents showing such illness is available in the case record.

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4. As requested by learned counsel for the petitioner, list this matter in the week commencing 27.10.2025.

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5. Relevant documents in support of illness of the petitioner and so produced before the authority, be produced before this Court.”

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7 . Pursuant to the said order, while filing an additional affidavit, petitioner produced the documents in support of his illness w.e.f. 08.09.2018 to 30.11.2019 as well as the letter issued by the concerned doctor declaring the petitioner fit to resume his duty w.e.f. 01.12.2019 under Annexure-13 series.

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8. Having heard learned counsel for the parties, considering the submissions made and the documents produced by the petitioner in support of his illness pursuant to order dated 17.09.2025, this Court is of the view that petitioner during the period from 08.09.2018 to 30.11.2019 was under medical treatment. Since on the ground that such documents

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were never produced along with the reply to the showcause petitioner was dis-engaged vide order under Annexure-8 further confirmed vide order under Annexure-10 and 12, this Court is of the view that claim of the petitioner for his re-engagement requires a fresh consideration by Opp. Party No.2.

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8. 1. Therefore, this Court while quashing the orders issued under Annexure-8, 10 and 12, directs Opp. Party No.2 to take a fresh decision on the claim of the petitioner to get the benefit of re-engagement. Petitioner is permitted to provide a copy of this order along with the Medical Certificate enclosed vide Annexure-13 series before Opp. Party No.2 for compliance of this order. Opp. Party No.2 is directed to take a fresh decision within a period of 2 (two) months from the date of receipt of this order along with the Medical Certificate as directed with due communication to the petitioner.

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9. The Writ Petition stands disposed of accordingly.

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(Biraja Prasanna Satapathy) Judge

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Basudev

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Signature Not Verified

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Digitally Signed Signed by: BASUDEV SWAIN Reason: Authentication Location: High Court of Orissa, C utta ck Date: 14-Nov-2025 12:06:07

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Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 23.03.2022 passed by Opposite Party No.2 under Annexure-8 dis-engaging the petitioner from service as GPTA, subsequently confirmed by Opp. Party No.1 vide orders dated 20.08.2022 (Annexure-10) and 08.05.2023 (Annexure-12).¶9
Opp. Party No.2 (Government of Odisha) · 23.03.2022
Prior proceeding
Petitioner engaged as GPTA on contractual basis on 17.06.2011, having been sponsored by the Panel maintained by the Committee of Chief Engineer, Govt. of Odisha, in terms of letter dated 31.05.2011 (Annexure-1); subsequently posted in Jajpur district.¶10
Prior proceeding
Petitioner remained on medical leave from 08.09.2018 to 30.11.2019 due to prolonged illness; after being declared fit, he submitted his joining report on 01.12.2019 before O.P. No.6 along with medical and fitness certificates.¶13
Prior proceeding
Instead of allowing joining from 01.12.2019, Opp. Party No.2 issued show-cause on 05.07.2021 (Annexure-6) asking why petitioner should not be disengaged in terms of Para-9(a)(i) of office order dated 14.03.2018 and his initial engagement agreement.¶14
Prior proceeding
Petitioner submitted detailed reply on 02.08.2021 (Annexure-7) explaining absence due to illness from 08.09.2018 to 30.11.2019 and non-acceptance of his 01.12.2019 joining report.¶15
Prior proceeding
On the face of the reply under Annexure-7, Opp. Party No.2 dis-engaged the petitioner vide order dated 23.03.2022 (Annexure-8).¶19
Prior proceeding
Appeal preferred before O.P. No.1 (Annexure-9) rejected vide order dated 20.8.2022 (Annexure-10).¶19
Prior proceeding
Prayer made before the Hon’ble Minister (Annexure-11) rejected by the Government vide order dated 08.05.2023 (Annexure-12).¶19
Prior proceeding
Interim order dated 17.09.2025 of this Court noted that no documents showing the petitioner's illness were available in the case record and directed that relevant documents in support of the illness, as produced before the authority, be produced before the Court.¶31
Prior proceeding
Pursuant to the interim order dated 17.09.2025, petitioner filed an additional affidavit producing documents in support of his illness (08.09.2018 to 30.11.2019) and the concerned doctor's letter declaring him fit to resume duty w.e.f. 01.12.2019, under Annexure-13 series.¶37

Srinibas Swain v. State of Odisha

Case brief

What is this about?

What did the court decide?

Srinibas Swain v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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