Orissa High Court: Judicial Officer’s Resignation Under “Compelling Situation And Duress,” Reinstatement Ordered

IN A SIGNIFICANT RULING, the Orissa High Court directed the reinstatement of an Additional Civil Judge (Junior Division)-cum-S.D.J.M. after finding that her resignation from the post was not voluntary and that it had been given under a compelling situation and duress.

A Division Bench comprising Justices Manash Ranjan Pathak and Sibo Sankar Mishra was ruling on a petition filed by judicial officer Ipsita Mohanty, a mother of a child suffering from autistic spectrum disorder (ADHD), whose representation seeking permission to remain at Bhubaneswar for two more years so that she could obtain proper treatment for her autistic son was not considered by the administrative side of the Orissa High Court.

On February 2, 2015, the petitioner joined the Odisha Judicial Service and was posted at Bargarh. On March 9, 2017, she was posted as J.M.F.C. at Puri. Seven months thereafter, the petitioner was posted as Civil Judge-cum-J.M.F.C. at Madanpur-Rampur in the district of Kalahandi. On May 9, 2019, the petitioner was posted as Civil Judge (Junior Division)-cum-J.M.F.C. at Chandikhol. On October 26, 2019, the petitioner was posted as J.M.F.C. at Bhubaneswar.

The petitioner has a son who is 15 years old now and who, since 2016, has been suffering from autistic spectrum disorder (ADHD). He is unable to speak and suffers from many health issues, including a neurological disorder and hyperactive self-harming behaviour such as self-biting. The petitioner requested that she be allowed to stay on at Bhubaneswar headquarters for treatment of her autistic son. The High Court Committee, on February 19, 2020, posted the petitioner again as a J.M.F.C. and posted her at Bhubaneswar (outskirts).

While the petitioner was serving at Bhubaneswar, the health condition of her son was improving because of such treatment, rehabilitation and therapies at home as well as at private institutes. On March 17, 2022, the petitioner requested the High Court to allow her to remain at Bhubaneswar for two more years so that she could obtain proper treatment for her autistic son.

However, the High Court Committee concerning transfers did not accept the request of the petitioner and decided to transfer her as Additional Civil Judge (Junior Division)-cum-S.D.J.M. and posted her at Hindol on July 16, 2022. The petitioner, nevertheless, joined at Hindol. The posting of the petitioner at Hindol resulted in deterioration in the health condition of her son due to the lack of required treatment facilities there.

Later, on September 5, 2022, the petitioner sent a representation to the Registrar (Administration) of the High Court submitting that if her child could not be provided with the required treatment and therapy in time he would suffer irreparable loss, and that she should therefore be allowed to work at the Headquarters Station at Bhubaneswar for a period of two and a half years so that she could provide medical facilities and the required therapy to her autistic child. The petitioner was never informed of the decision taken on her representation.