The Orissa High Court has ordered the immediate reinstatement of a woman judicial officer whose resignation was previously accepted by the Odisha government, ruling that administrative oversights could not invalidate her timely withdrawal of her resignation.
A division bench comprising Justice Manash Ranjan Pathak and Justice Sibo Sankar Mishra quashed a Jan. 2, 2023, law department notification that had relieved judicial officer Ipsita Mohanty from service. The court directed the state government to restore Mohanty as additional civil judge (junior division)-cum-sub-divisional judicial magistrate (SDJM) with continuity of service.
Mohanty joined the Odisha Judicial Service in February 2015 and was initially posted in Bhubaneswar, where her 15-year-old son received specialized medical treatment for severe autism spectrum disorder and neurological ailments. Following her transfer in July 2022 to Hindol in Dhenkanal district—a location lacking specialized therapy facilities—Mohanty petitioned the High Court on Sept. 5, 2022, requesting a posting in Bhubaneswar for two and a half years to maintain her son’s care.
Faced with the unavailability of required medical care in Hindol, Mohanty submitted her resignation on Nov. 29, 2022. However, on Dec. 21, 2022, she formally submitted an application to withdraw her resignation after receiving medical advice emphasizing the need for long-term medical care and the necessity of maintaining her employment for her son’s future.
The bench noted that the then-Chief Justice directed the withdrawal application to be placed before the full court on Dec. 22, 2022. Unaware of the pending withdrawal request, the Governor approved the initial resignation proposal on Dec. 31, 2022, leading the Law Department to issue the relieving notification on Jan. 2, 2023.
Although the High Court Registry resubmitted Mohanty’s withdrawal application to the Chief Justice on Jan. 2, 2023, the application was subsequently dropped on the grounds that the state government had already issued the relieving order.
Addressing the procedural sequence, the division bench ruled that such administrative lapses could not deprive the officer of her legal entitlement to withdraw a resignation prior to its effective acceptance.
“We hold and declare that the petitioner’s resignation submitted on November 29, 2022, cannot be construed as voluntary,” the bench stated, declaring the state’s relieving notification bad in law.
Citing Rule 34(4) of the Odisha Civil Services (Pension) Rules, 1992, the court observed that a state employee who tenders a resignation due to compelling circumstances maintains the right to withdraw it before final acceptance, provided statutory criteria are fulfilled. The court further noted that Mohanty held an unblemished service record with no pending vigilance inquiries or disciplinary proceedings.
Sources
– Hindustan Times: https://www.hindustantimes.com/india-news/hc-orders-reinstatement-of-odisha-judge-who-resigned-over-autistic-son-s-care-101789572614779.html
Source: Hindustan Times – India News
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Story synopsis gathered from: Hindustan Times – India News — source
