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High Court Orders Reinstatement After Judge Resigns Over Son’s Care
A judge was moved from Bhubaneswar to Hindol.
Her autistic son needed special therapy that was not available near the new posting.
She asked to work in Bhubaneswar so she could care for him, but her request was not decided.
When her son’s health worsened, she resigned from her job.
The next day, she changed her mind and withdrew the resignation.
However, the resignation was approved before officials processed her withdrawal.
The Orissa High Court said her resignation was made under pressure, not freely.
It ordered that she be given her job back.
She will keep her service benefits but will not receive back pay.
The Orissa High Court ordered the reinstatement of a judicial officer who resigned after being transferred to Hindol.
Her autistic son needed long-term treatment, rehabilitation and therapy unavailable in Hindol, Dhenkanal and nearby areas.
She requested a posting at Bhubaneswar headquarters for two and a half years, but the request remained unresolved.
The court found that she withdrew her resignation before it was formally accepted, meaning there was no valid resignation to approve.
The court quashed her relieving order, restored her service continuity and benefits from January 3, 2023, but denied back wages.
- Who
- A judicial officer of the Odisha Judicial Service and her autistic son were at the center of the case; the Orissa High Court issued the ruling.
- What
- The court reinstated the officer, ruled that her resignation was made under duress, and quashed the order relieving her from service.
- Where
- The dispute concerned postings in Bhubaneswar and Hindol, with treatment also unavailable in Dhenkanal and nearby areas.
- When
- She was transferred in July 2022, resigned on November 29, 2022, withdrew the resignation on December 21, 2022, and received the court’s order on September 10.
- Why
- The officer said her son required intensive, long-term autism treatment and therapy that she could arrange in Bhubaneswar but not near Hindol.
Key facts
- Judicial service
- The officer joined the Odisha Judicial Service in February 2015.
- Transfer
- She was transferred from Bhubaneswar to Hindol in July 2022.
- Transfer request
- On September 5, 2022, she requested permission to work at Bhubaneswar headquarters for two and a half years.
- Resignation
- She resigned on November 29, 2022, after her transfer request remained unresolved.
- Withdrawal
- She withdrew the resignation on December 21, 2022, before formal acceptance.
- Court finding
- The court held that the resignation was not voluntary and that the withdrawal had preceded acceptance.
- Relief granted
- She was reinstated with continuity of service and related benefits from January 3, 2023, but without back wages.
Quotes
Orissa High Court bench
The division bench of Justices Manash Ranjan Pathak and Sibo Sankar Mishra
“Real life situations are complex and each one fights his/her battles in unique ways.”
indianexpress.com
Sources
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