ओडिशा हाई कोर्ट ने जज इप्सिता मोहनती को पुनर्स्थापित किया, कहा उनके बेटे के ऑटिज़्म के इलाज की कमी ने इस्तीफे को अनैच्छिक बना दिया

- Home

- /

- High Courts

- /

- Orissa High Court

- /

- Orissa High Court Reinstates Judge,...

Orissa High Court Reinstates Judge, Says Resignation Over Lack Of Medical Facilities For Autistic Son Was 'Not Voluntary'

LIVELAW NEWS NETWORK

14 Sept 2026 1:53 PM IST

The Orissa High Court has ordered reinstatement of a female Judicial Officer who was relieved from service by the Government in January 2023 even after urging the High Court on the administrative side to not accept her resignation letter, which she sent earlier citing lack of therapy facilities for her autistic child at the then place of posting. [2026 LiveLaw (Ori) 109] A Division Bench...

This is a premium content

Available exclusively to

Our subscribers

Subscribe Premium INR 1099+GST

Your support helps us to bring you more content at

an affordable subscription scheme !!!

All payment options available

The Orissa High Court has ordered reinstatement of a female Judicial Officer who was relieved from service by the Government in January 2023 even after urging the High Court on the administrative side to not accept her resignation letter, which she sent earlier citing lack of therapy facilities for her autistic child at the then place of posting. [2026 LiveLaw (Ori) 109]

A Division Bench of Justice Manash Ranjan Pathak and Justice Sibo Sankar Mishra took a sympathetic view especially upon noting that the petitioner had sent the letter requesting withdrawal of the resignation to the High Court much prior to its acceptance by the Governor. Acknowledging the circumstances under which the officer was constrained to step down, the Court remarked–

“We have already held that the resignation of the petitioner submitted on 29.11.2022 was not voluntarily in nature but it was submitted under compelling situations and in duress involved…Here in this case, the petitioner was the lone person to look after her autistic son, who failed to provide proper medical treatment and therapy due to lack of such medical facilities at Hindol, Dhenkanal and nearby areas to treat a child suffering from autism.”

The petitioner Ipsita Mohanty joined the Odisha Judicial Service (OJS) in 2015. After serving at multiples places, she was posted as the JMFC, Bhubaneswar in 2019. Subsequently, she gave a representation to the High Court, on its administrative side, to keep her posted at Bhubaneswar for enabling her to avail proper treatment and therapy facilities for her only minor autistic son. Accordingly, she was kept posted in Bhubaneswar till 2022.

In March 2022, she again requested the High Court to retain her at Bhubaneswar as her son needed therapy facilities which were only available in the capital city. Nevertheless, this time the Court rejected such representation and transferred her to Hindol under the Dhenkanal Judgeship as SDJM.

Though she promptly joined at her new place of posting, she however gave another detailed representation to the High Court on 05.09.2022, enclosing medical documents of her child, to consider her transfer again to Bhubaneswar. It was placed before the appropriate committee of the High Court on 20.10.2022, but a final decision was deferred on that date.

It was case of the petitioner that due to lack of therapy facilities near her place of posting, the health condition of her child deteriorated. Under such circumstances, she tendered a letter of resignation to the High Court on 29.11.2022. The Full Court, by a resolution dated 20.12.2022, recommended the Government to accept the same. Accordingly, the Registry communicated the letter to the Principal Secretary, Law Department, Government of Odisha to place the recommendation before the Governor.

While the matter stood thus, the petitioner wrote a letter dated 21.12.2022 (a day after Full Court's resolution) requesting permission to withdraw the resignation. On 22.12.2022, such request was placed before the then Chief Justice, who asked the Registry to place the same before the Full Court. However, in the meantime, the Governor accepted the resignation of the petitioner on 31.12.2022 and the Law Department relieved her from her duties by an order dated 02.01.2023.

Aggrieved by such order, she filed appeal before the Governor for reconsideration. Later, the Governor's office sought High Court's advice in the matter. As per available materials, it was found that the then Chief Justice expressed his inability to provide any relief to the petitioner as her resignation had been already accepted by the Governor. Therefore, upon multiple unsuccessful representations, she filed this writ petition seeking reinstatement.

Taking note of the aforesaid peculiar situation, the Court found fault with the Registry as it failed to apprise the Principal Secretary, Law Department and the Governor of the order dated 22.12.2022 of the then Chief Justice whereby he had directed the withdrawal letter to be placed before the Full Court for consideration. Being unaware of such development, the Governor accepted the resignation and the Government accordingly relieved the petitioner from duties.

The Bench, speaking through Justice Pathak, further observed,

“In the case in hand on perusal of record and the Counter affidavit of Opposite Party No,2, we have already noted above that that the then Hon'ble Chief Justice of the High Court of Orissa along with Opposite Party No.2 [Registrar General] kept the Opposite Party No.1 the Principal Secretary to the Government in the Law Department of the State as well as the Hon'ble Governor of the State kept both of them in dark with regard to those subsequent developments regarding application dated 21.12.2022 of the petitioner withdrawing her resignation dated 29.11.2022 and order of the then Hon'ble Chief Justice of the High Court of Orissa dated 22.12.2022 directing a meeting of the Full Court of the High Court of Orissa for consideration of withdrawal of resignation of the petitioner.”

Authoring a separate concurring order, Justice Mishra held that as the petitioner submitted the withdrawal letter much before its acceptance by the Governor, the subsequent acceptance of the resignation letter is a nullity. The Judge further empathetically remarked–

“Real life situations are complex and each one fights his/her battles in unique ways. Her ruminations and second thoughts brought about by well-meaning people around her and the prospects of not getting a commensurate job of repute, respect and remuneration in near future which would have compromised both her survival and her ability to look after her child that led to her withdrawing the resignation would what a rational and prudent person would have done.”

Consequently, the Court ordered the opposite parties to reinstate the petitioner in service and grant her continuity in service with effect from 03.01.2023. However, she shall not be entitled to any back wages as per “no work, no pay” policy.

Counsel for the Petitioner: Mr. Manoj Kumar Khuntia, Advocate

Counsel for the Opposite Parties: Mr. Debaraj Mohanty, Addl. Govt. Advocate; Mr. Gautam Misra, Sr. Advocate assisted by Mr. Sangram Jena, Advocate

Powered by Nyaya 247 News