Orissa High Court
Sukanta Kumar Bishoi vs State Of Odisha & Others on 30 August, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) (OAC) No. 1121 of 2017
Sukanta Kumar Bishoi .... Petitioner
Mr. Laxman Pradhan, Advocate
-versus-
State of Odisha & Others .... Opposite Parties
L. Samantaray, Additional Government Advocate
CORAM:
JUSTICE M.S. RAMAN
ORDER (Oral)
Order No.
30.08.2022
06. 1. This matter is taken up through virtual/physical mode.
2. The Petitioner challenged order dtd. 08.04.2016 issued
by the Dy. Secretary Government of Odisha in Department of
Water Resources rejecting the proposal to consider
appointment under the Odisha Civil Service (Rehabilitation
Assistance) Rules, 1990 (in short, "RA Rules").
3. The father of the Petitioner, Late Birendra Bishoi, while
working as Watchman (Choukidar) in the office of the
Executive Engineer, Boudh Irrigation Division-Opp. Party
No.4, died on 04.06.2014. The mother of the Petitioner
predeceased his father. The elder brother of the Petitioner
namely Sri Sanjeeb Kumar Bishoi being unfit for taking up any
job, the petitioner applied for consideration of appointment
under the RA Rules on 02.09.2014 which was forwarded to the
Collector, Kandhamal for enquiry and report by the Executive
Engineer, Boudh Irrigation Division, Boudh on 04.10.2014.
The Petitioner has stated to have furnished copies of distress
certificate, legal heir certificate, death certificate, residential
and caste certificates and certificate showing educational
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qualifications, etc. Mr. Laxman Pradhan, Advocate for the
petitioner submitted that the Opposite Party No.1 has rejected
the application on flimsy ground, i.e., "Cases in which medical
certificates declaring the spouses medically unfit for
Government job has been issued much after submission of
application". Therefore, he prayed to quash the decision of the
Government contained in Letter No.8553-III-Policy-
0001/2015/WR, dated 08.04.2016 as communicated in Letter
No.12165-WR-FE-III-RAS-0025-2016/WR, dated 25.05.2016
[Anenxure-11].
4. Mr. L. Samantaray, learned Additional Government
Advocate appearing on behalf of Opposite Parties with
reference to paragraph 5 of the counter submitted that the
reason ascribing which the application for appointment under
RA Rules has been rejected by the authority concerned appears
to be justified and plausible. Paragraph 5 of the counter verified
by Executive Engineer, Boudh Irrigation Division, Boudh, is
reproduced herein below :
"That, it is pertinent to mention here that after the
death of the deceased employee, the elder son was
completely suitable / fit for appointment under RA
scheme (spouse had died before death of the father) and
thereafter, he could have apply as he was placed higher
up in the order of preference as per Rule-2(b) of the
OCS (RA) Rules 1990. Late submission of his unfit
certificate is a testimony to that. The above rejection of
RA proposal of the applicant by the Committee has
been intimated to the EIC, WR vide letter No. 8553 dtd.
08.04.2016 (Annexure-11 of the OA) with an
instruction to keep all concerned intimated and it is in
conformity with OCS (RA) Rules, 1990 and is therefore
justified."
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Therefore, it is urged that the rejection of application
does not warrant interference by this Court.
5. What has been stated in paragraph 5 of the counter as
quoted above appears to be contrary to the Proceeding of the
District Medical Board, Kandhamal held on 28.07.2016 vide
Annexure-6. The proceeding placed at Annexure-6 to the writ
petition is extracted herein below:
"In pursuance of letter No.25.07.2016, dtd. 27.05.2016
of the Executive Engineer, Boudh Irrigation Division,
Boudh, Sri Sanjeeb Kumar Bishoi, Son of late Birendra
Bishoi appear before the District Medical Board,
Kandhamal on 28.07.2016. Examined Sri Sanjeeb
Kumar Bishoi aged about 36 years of village/PO:
Bisipadea, PS:Sadar, Phulbani in the district of
Kandhamal. His treatment records verified. It is found
that, he has past spine injury leading to weakness of
both lower limb and chronic Dorsolumber
Spondylosis.
Considering the above ailments and defects, he is not fit
for any kind of Government Job."
[Emphasis supplied]
The Proceeding of the Medical Board which is not disputed
by none of the parties clinches that the elder brother of the
petitioner Sri Sanjeeb Kumar Bishoi had ailment and defect
much prior to making application for appointment under the
RA Rules by the petitioner. Perusal of aforesaid Proceeding of
the Medical Board leads to understand that it is constituted on
the request being made by the Executive Engineer, Bouth
Irrigation Division. On the one hand the Executive Engineer
had referred the matter to the Medical Board on 27.05.2016,
nonetheless, in the counter he has attributed the delay in
obtaining the certificate to the Petitioner. Therefore, this Court
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finds the reason for rejection of application for appointment
under the RA Rules, 1990 illogical and incoherent.
6. Mr. Laxman Pradhan has relied on a coordinate Bench
decision rendered in the case of Bibhuti Bhusan Patanaik Vrs.
State of Odisha and others reported in 2017 (II) ILR- CUT-896
and submitted that the fact-situation obtained in the present
case is identical to the case referred to. It is, therefore, argued
by Mr. Pradhan that the rejection of application for
appointment under the RA Rules, 1990 submitted by the son of
the deceased was not approved by this court and the matter was
remitted to the authority concerned for reconsideration. This
Court finds that whereas in the reported case cited supra the
wife of the deceased employee was found unfit for employment
due to defect in her eye, in the instant case, the elder brother is
found to be unfit for employment and the mother has
predeceased the father.
7. Taking into consideration the submissions of both the
counsel, the material placed on record, the judgment cited
above and the definition of "family members" contained in
Rule 2(b) of the RA Rules, this Court is of the considered view
that the rejection of application for appointment under RA
Rules, 1990 is not tenable. Hence, the decision of the
Government vide Letter No.8553-III-Policy-0001/2015/WR,
dated 08.04.2016 as communicated in Letter No.12165-WR-
FE-III-RAS-0025-2016/WR, dated 25.05.2016 [Anenxure-11]
is quashed and the matter is remitted to the authority concerned
for reconsideration of the case of the Petitioner for appointment
on compassionate ground as per the provisions contained in the
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Odisha Civil Service (Rehabilitation Assistance) Rules, 1990 as
expeditiously as possible.
8. With the above observation and direction, the writ
petition is disposed of.
Issue urgent certified copy as per rules.
(M.S. Raman)
Judge
Laxmikant August 30, 2022
Cuttack
