Judge quits as transfer hits autistic son’s care, Orissa High Court orders her reinstatement

“In fact her personal situation of having a child requiring intensive and complex medical care due to a congenital life threatening ailment, created a compulsion to be posted at a place where such medical facility is available and her inability to ensure that for the treatment and survival of her son were the determinant factors for resigning the job. Real life situations are complex and each one fights his/her battles in unique ways,” the court said.

It added that the judicial officer’s resignation was made under compelling circumstances and since she had withdrawn it before acceptance, her service could not be terminated. “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,” the bench said.

Transfer versus treatment

The petitioner joined the Odisha Judicial Service in February 2015 and had served at several postings, including Bhubaneswar, before being transferred to Hindol in July 2022. Her only son had autism and required long-term treatment, rehabilitation and therapy. While she was posted in Bhubaneswar, she could arrange the required treatment. After the transfer, however, the judgment records that adequate autism treatment facilities and trained therapists were unavailable in Hindol, Dhenkanal and nearby areas and as a result, her son’s health condition deteriorated.

Justices Manash Ranjan Pathak and Sibo Sankar Mishra pronounced the order on September 10.

On September 5, 2022, she had submitted a representation seeking permission to work at the Bhubaneswar headquarters for two and a half years so as to provide proper treatment for her son. The representation was placed before a standing committee on October 20 and deferred.

The court said the matter was never placed before the committee for final consideration or decision and the authorities had not denied the lack of proper medical facilities, treatment, and properly trained therapists for children with autism in Hindol, Dhenkanal and nearby areas.

Unresolved request

With her son’s condition worsening and her transfer request unresolved, the woman resigned on November 29, 2022. The registry noted her clean vigilance and departmental record, along with her pending Bhubaneswar posting request and son’s health issues. The full court recommended accepting her resignation on December 20.

The next day, the judicial officer withdrew it after her doctor advised long-term treatment and therapy for her son, saying she was the only family member able to care for him. The withdrawal was directed to be placed before the full court on December 22, but the state Law Department and the governor were not informed. The governor approved the resignation on December 31, followed by the state’s relieving order on January 2, effective from January 3, 2023.

HC on resignation withdrawal

Justice Mishra held that the woman withdrew her resignation before formal acceptance, leaving no valid resignation to accept. He said the delay in processing her withdrawal was not her fault and noted that her son’s intensive medical needs drove her decision.

The court held the resignation was not voluntary and quashed the January 2, 2023 relieving order as “bad in law” and ordered her reinstatement as additional civil judge (junior division)-cum-sub-divisional judicial magistrate. She will get continuity of service and related benefits from January 3, 2023, but no back wages.