Orissa High Court reinstates judge who resigned to take care of autistic son

The Orissa High Court recently reinstated a judicial officer who had resigned from service citing her autistic son’s medical needs and the lack of adequate treatment facilities at her place of posting..A Division Bench of Justice Manash Ranjan Pathak and Justice Sibo Sankar Mishra observed that her resignation could not take effect as she had withdrawn it before the Governor (the competent appointing authority) had formally accepted it. In the September 10 judgment, the Court also noted that the Judge's resignation was not voluntary. It found that the resignation was submitted under compelling circumstances arising from her son’s medical condition and needs.“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 (be) what a rational and prudent person would have done,” added the Court..The case concerned an Additional Civil Judge (Junior Division)-cum-Sub-Divisional Judicial Magistrate (judge) who was posted at Hindol in Dhenkanal district in July 2022. Her son has autism and other health issues, which required long-term treatment, rehabilitation and continued therapy. The Court noted that adequate treatment facilities and trained therapists were not available at Hindol, Dhenkanal and nearby areas.The judge had earlier sought a posting at Bhubaneswar so that she could continue her son's treatment. Her representation dated September 5, 2022, was considered by the High Court's Standing Committee in October 2022. However, it was later deferred and was never finally considered or communicated to her.She subsequently resigned on November 29, 2022, after stating that she was unable to provide her son with the required treatment and therapy at Hindol. The Full Court resolved on December 20 to accept the resignation and forward it to the State government for approval..However, the judge withdrew her resignation the next day, on December 21, after consulting her son’s treating doctor, who advised that he would require long-term treatment and therapy. She told the Court that she needed to continue in service to provide him with the necessary care and treatment. Her withdrawal application was received by the High Court on the same day..The Court found that the State government and the Governor were not informed of the withdrawal before the Governor approved the Full Court's December 20 recommendation on December 31. The State government subsequently issued a notification on January 2, 2023 accepting her resignation and relieving her from service with effect from January 3..Taking note of the facts, the Court held that the Full Court's recommendation did not amount to acceptance by the competent appointing authority. Under the applicable service rules, the resignation became effective only upon formal acceptance by the competent authority. Since the judge had withdrawn it on December 21, before such acceptance, there was no valid resignation left to be accepted, held the Court."There was no valid letter of resignation before the competent authority to consider for acceptance and therefore the letter of acceptance is null and void and cannot be held to have terminated the employment... It is not her fault that her timely withdrawal application was not processed by the recommending authority with the same haste with which it dealt with the Resignation application," said the Court.It also held that her resignation itself could not be construed as voluntary, given the circumstances in which it was tendered..The Court, therefore, quashed the State's January 2, 2023, notification and directed the authorities to reinstate the judge forthwith as Additional Civil Judge (Junior Division)-cum-SDJM. However, it clarified that she would not be entitled to back wages but would receive continuity of service and other consequential service benefits from January 3, 2023..Advocate Manoj Kumar Khuntia represented the petitioner judge. Additional Government Advocate (AGA) Debaraj Mohanty appeared for the State of Odisha.Senior Advocate Gautam Misra, along with advocate Sangram Jena, appeared on behalf of the Registrar General of the Orissa High Court..[Read Judgment]