The Orissa High Court has mandated the immediate reinstatement of a woman judicial officer after her resignation was accepted by the Odisha government. Her resignation followed repeated requests for a transfer to Bhubaneswar to care for her autistic son, which were ignored. The court determined that her resignation was not voluntary but rather compelled by circumstances, highlighting the need for accountability in government responses to personal and family needs.
The High Court’s Standing Committee deferred her request on October 20, 2022, without communicating a final decision. Faced with her son’s worsening condition and the lack of specialised medical facilities in Hindol, Mohanty submitted her resignation in November 2022.
The court said Mohanty’s resignation, submitted on November 29, 2022, was driven by “compelling reasons” after she was transferred to Hindol in Dhenkanal district, where specialised therapy and treatment for her 15-year-old son, who has severe autism spectrum disorder and neurological ailments, were unavailable.
Referring to Rule 34(4) of the Odisha Civil Services (Pension) Rules, 1992, the court said a government employee who resigns for compelling reasons can withdraw the resignation before its effective acceptance, provided certain conditions are met.
The two-judge bench said these administrative lapses could not deprive the petitioner of her legal right to withdraw her resignation before it took effect. “We hold and declare that the petitioner’s resignation submitted on November 29, 2022, cannot be construed as voluntary,” the bench said, adding that the relieving notification was “bad in law.
However, the High Court Registry failed to communicate the withdrawal to the Governor or the Law Department. Less than a month later, on December 21, 2022, she formally withdrew her resignation after receiving medical advice that her son’s treatment would require long-term care and that continuing in service was essential for his future. The bench said the then Chief Justice directed that the withdrawal application be placed before the full court on December 22, 2022. Unaware of the withdrawal request, the Governor approved the resignation proposal on December 31, 2022, and the Law Department issued the relieving notification on January 2, 2023.
