High Court of Orissa quashed a departmental resolution issued in anticipation of a future amendment to service rules. The court held that no resolution could be passed before the amendment to the 2013 Rules was operational.
The impugned dated 28.01.2026 resolution was quashed. Opposite parties permitted to proceed with selection process pending.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) Nos. 4608, 4747, 4753, 4839, 4950, 5400 , 5483, 5747, 6121, 6314, 6331, 6504, 6506, 6509, 6511 , 6517,6518, 6522, 6535, 6542, 6543, 6544, 6548, 6552, 6753, 7531, 7533, 7535, 7536, 7545, 7557, 7559, 8177, 8188 , 8189, 8200, 8207 , 8211, 8212, 8214, 8217, 8436, 8468, 8476, 11414, 11524, 11529,11534, 11598 , 11624, 11629, 11658,11983, 12197, 12201, 12202, 12268, 12274, 12312, 12333, 12337, 13038, 13819, 13872 & 23461 of 2026
CNR Nos. ODHC010095752026, ODHC010099382026 , ODHC010099412026, ODHC010105042026, ODHC010106252026, ODHC010120022026, ODHC010120162026, ODHC010120052026, ODHC010140852026, ODHC010131322026, ODHC010131382026, ODHC010142722026 , ODHC010142662026,ODHC010142422026, ODHC010142802026, ODHC010142582026, ODHC010142532026, ODHC010142832026, ODHC010142632026, ODHC010142292026, ODHC010142142026, ODHC010142312026, ODHC010142192026, OHC010142262026, ODHC010147012026, ODHC010167172026, ODHC010167222026, ODHC010167402026, ODHC010167492026, ODHC010167532026, ODHC010167582026, ODHC010167652026, ODHC010167132026, ODHC010185352026, ODHC010185412026, ODHC010185262026, ODHC010185472026, ODHC010185682026 ODHC010185572026, ODHC010185982026, ODHC010189102026, ODHC010189152026, ODHC010185502026, ODHC010188662026, ODHC010189202026, ODHC010239572026, ODHC010259782026 ODHC010259822026, ODHC010259852026, ODHC010260642026 ODHC010260562026, ODHC010260572026, ODHC010260602026 , ODHC010262582026, ODHC010262922026, ODHC010262992026 ODHC010263022026, ODHC010262822026, ODHC010262712026, ODHC010260632026, ODHC010262662026, ODHC010262692026, ODHC010263082026, ODHC010262612026 & ODHC010262572026
WP(C) No. 4608 of 2026 CNR No. ODHC010095752026
Lili Sutar
..... Petitioner Mr. S.K. Gartia, Advocate
-versus- State of Odisha & Ors. ..... Opposite Parties Mr. S.P. Das, ASC
Page 1 of 4.
CORAM: THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY ORDER
10.09.2026
Order No. 01
Page 2 of 4.
“That, the impugned resolution dtd. 28.01.2026 (Annexure11) has been passed to bring about a future amendment in the Odisha Health Extension and Communication Service (Method of Recruitment and Conditions of Service) Rules, 2013 to change the post of PHEO to Public Health Communication Officer (PHCO). When the said amendment comes into force, PHCOs would be appointed through Direct Recruitment. The proposed amendment is policy decision of Government which is being given effect to bring factual change in public health seeking behavior, improve community health practices, provide better scope for universal health coverage and similar greater public benefits. It is humbly submitted that quashing the said resolution would be detrimental to the greater public good.”
6.1. In view of the quashing of the impugned resolution, it is open for the Opp. Parties to proceed with the selection process, if any initiated pursuant to letter dtd.06.01.2025.
Page 3 of 4.
Photo copy of the order be placed in the connected case
records.
(BIRAJA PRASANNA SATAPATHY) Judge
Sneha
Signature Not Verified
Digitally Signed Signed by: SNEHANJALI PARIDA Reason: Authentication Location: High Court of Orissa, C utta ck Date: 12-Sep-2026 12:55:29
Page 4 of 4.
1 issue framed by the court
Whether a departmental resolution is sustainable if issued in anticipation of a future amendment to service rules which had not yet been made effective.
Lili Sutar
State of Odisha
BIRAJA PRASANNA SATAPATHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
