The Indian Express ·
Crime, law and justice
Odisha judicial officer, who quit for autistic son’s treatment, gets job back
The court also stated that her second thought to withdraw her resignation to look after her child was “what a rational and prudent person would have done.”
The Orissa High Court has reinstated a judicial officer, who had to resign from service under “compelling situation” after her request for a posting in the state capital to facilitate treatment of her minor autistic son was not considered.
Even though she withdrew her resignation within three weeks before it was accepted by the competent authority in 2023, she was relieved from service, which she challenged in the HC.
A division bench of Justice Manash Ranjan Pathak and Justice Sibo Sankar Mishra, in a judgement pronounced on September 10, ruled that her resignation should not have been accepted after she had withdrawn the application. The court reinstated the judicial officer, Ipsita Mohanty, as additional civil judge (junior division)-cum-SDJM (sub-divisional judicial magistrate).
In its order, the court observed that it is not Mohanty’s fault that her timely withdrawal application was not processed by the recommending authority with the same haste with which it dealt with the resignation application.
“She cannot be punished for the same, particularly when she acted in consonance with statutory provisions and applicable guidelines in withdrawing the resignation before its acceptance,” read the order.
The court also stated that her second thought to withdraw her resignation to look after her child was “what a rational and prudent person would have done.”
Mohanty joined Orissa Judicial Services in February 2015 and was posted at Bargarh. Thereafter, she was transferred to various places like Puri, Madanpur-Rampur in Kalahandi district, Chandikhol in Jajpur district and to Bhubaneswar in October 2019.
As her son, who is 15-year-old now, has autistic spectrum disorder besides other health issues, she requested for her posting in Bhubaneswar to continue for another two and a half years for his treatment.
In 2022, she again requested the authorities to allow her to remain in the state capital for two more years to undertake proper treatment for her son. The application was not considered and in July the same year, she was transferred to Hindol in Dhenkanal district.
Unable to get any treatment facility at Hindol, the judicial officer placed another request in September 2022, submitting that if her son could not be provided with the required treatment and therapy in time, he would suffer irreparable loss.
As her request was not considered for two months, Mohanty, on November 29, 2022, sought approval to allow her to resign from service to facilitate treatment for her son. Barely three weeks later, Mohanty, on December 21, 2022, requested the Orissa HC to reconsider her case and not to accept her resignation.
By this time, the Orissa HC had already recommended her resignation to the Odisha government, though the state government accepted it on January 2, 2023. On January 2, the state’s law department also issued a notification to relieve Mohanty from service.
Though the court allowed for continuity of her service from January 3, 2023, with all other consequential service benefits, it ruled that the judicial officer shall not be entitled to any back wages.