Orissa HC places stay on order dismissing plea against replacing one contractual worker with another

The Orissa High Court has placed an interim stay on the order of dismissing a petition seeking intervention against replacing one contractual employee with another. The division bench of acting Chief Justice Arindam Sinha and Justice MS Sahoo placed the interim stay on the order of a single-judge bench of Justice SK Panigrahi.

On Nov 22, 2024, Justice SK Panigrahi had dismissed the petition of Dr. Rakesh Kumar Ludam, a medical officer of the Odisha Medical and Health Service (OMHS) cadre.

He was appointed on a contractual basis as an assistant professor in the Department of Anesthesiology at MKCG Medical College, Berhampur. However, his deputation began on Jan 31, 2020 and ended on Jan 30, 2024.

The director of medical education and training (DMET) had issued a circular on March 13, 2023, to keep in abeyance further orders of relieving assistant professors working on deputation basis after completing four years of their tenure. 

Despite DMET’s circular, the MKCG dean issued a notice for the recruitment of assistant professors on a deputation or contractual basis following which Dr. Ludam approached the High Court.

Unfortunately, his petition was dismissed by the single-bench of Justice Panigrahi. Later, Dr. Ludam once again filed an appeal against the single-judge’s order on Dec 10. Hearing the case the division bench highlighted, “further question needs to be answered regarding contractual appointee replacing petitioner”.

As per present practice, vacancies in the rank of assistant professors are filled by regular recruitment through the Odisha Public Service Commission. But pending such recruitment, vacancies in those posts are being filled by contractual engagement or deputation of medical officers of the OMHS cadre for four years as an interim measure to fulfill National Medical Council norms.