IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No. 12102 of 2022 Dr. Priyanka Subhadarshini ..... Petitioner Mr. N. Lenka, Advocate -versus-

Commnr. Cum Secretary, H ..... Opposite Parties And FW Dept. & Ors. Mr. S.P. Das, ASC CORAM:

THE HON’BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

15.01.2026 Order No. 01

1. This matter is taken up through hybrid mode.

2. Heard Mr. N. Lenka, learned counsel appearing for the Petitioner and Mr. S.P. Das, learned Addl. Standing Counsel appearing for the State-Opp. Party and Mr. N. Barik, learned counsel appearing for Opp. Party No. 2.

3. The present writ petition has been filed inter alia with the following prayer:-

“In the premises, therefore it is humbly prayed that the Hon’ble Court may graciously be pleased to quash the order dtd. 06.04.2022 at Annexure-4 and order dt.06.05.2022 at annexure-8 And direct Opp. parties more particularly Opp. party No.3 & 4 to allow the petitioner to work her present placed of posting as M.O Ayush (RBSK) at CHC, Niali;

And further be pleased to pass any other appropriate order/ orders as deemed fit and proper under the facts and circumstances of the case for ends of justice;

And for which act of kindness the poor petitioner shall as in duty bound ever pray.”

4. It is contended that taking into account the nature of rejection available under Annexure-4 & 8, this Court passed the following order on 25.11.2025 and 10.12.2025:-

“25.11.2025

2. Heard learned counsel appearing for the Parties.

3. Pursuant to order dt.15.09.2025, learned Addl. Standing Counsel produced the instruction so provided by the CDMO & PHO vide letter dt.10.10.2025. Basing on the instruction, it is contended that vide Office order dt.05.04.2022 so issued by Opp. party No.3, Petitioner was reposted to CHC, Mahanga from CHC, Niali.

4. It is also contended that in terms of the Agreement executed in between the Petitioner and the Zilla Swashya Samiti, Cuttack, the post in question is a transferable one. Para-1(3) of the Agreement reads as follows:-

3. The posting of the Second Party is transferable. He/she can also be sent elsewhere on deployment. Upon such deployment the Second Party shall be governed by service conditions and rules of such new place of deployment.

5. Learned counsel appearing for the Petitioner on the other hand contended that since the order dt.05.04.2022 was never communicated and Petitioner was straightway relieved vide Office order dt.06.04.2022, Petitioner had no occasion to challenge office order dt.05.04.2022. It is also contended that on the face of interim order passed by this Court on 17.05.2022, Petitioner has not been allowed to discharge her duty.

6. Considering the submission and the instruction so provided, learned Addl. Standing Counsel is directed to obtain instruction as to whether in terms of order dt.05.04.2022, Petitioner can be allowed to join. Such instruction be obtained before the next date.

7. As requested, list this matter on 10.12.2025.

8. Interim order passed earlier shall continue till the next date.

Free copy of this order be provided to Mr. S.P Das, learned Addl. Standing Counsel for compliance.

xxx xxx xxx

10.12.2025

2. Heard learned counsel appearing for the Parties.

3. Pursuant to order dtd.25.11.2025 learned Addl. Standing Counsel basing on the instruction so produced in Court, contended that since the place to which Petitioner was transferred vide order dtd.05.04.2023 has already been filled up, Petitioner cannot be allowed to join in her place of transfer.

4. Considering the dispute involved and the fact that without being provided with the order of transfer, Petitioner was straight away relieved vide the impugned order dtd.06.04.2022 and the same was also an issue before this Court in W.P.(C) No. 9172 of 2022, this Court directs learned Addl. Standing Counsel to obtain instruction as to whether Petitioner can be accommodate in any other place.

5. As requested, list this matter on 9th January, 2026.

6. Interim order passed earlier shall continue till the next date.