Rajat Chita vs State Of Odisha And Others
2023 Latest Caselaw 10166 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 W.P.(C) No.27509 of 2023


                 Rajat Chita                           ....              Petitioner

                                                   Ms. Bharati Dash, Advocate
                                            -versus-
                 State of Odisha and others           ....     Opposite Parties

                                                            Mr. A.Pr. Das, A.S.C.
                                        CORAM:
                               JUSTICE A.K. MOHAPATRA

                                           ORDER

Order No.                                 28.08.2023
    01.     1.      This matter is taken up through Hybrid Arrangement
            (Virtual /Physical Mode).

2. Heard learned counsel for the petitioner as well as learned counsel for the State. Perused the writ application as well as documents annexed thereto.

3. The present writ petition has been filed by the petitioner with the following prayers:

"The petitioner, therefore, prays that this Hon'ble Court may graciously be pleased to admit this Writ Applciation and issue notice to the Opp. Parties for filing show cause as to why the impugned order Memo No.7965/2F (Estt) Draft-2022(C) dated 23.09.2022 issued by the Opp. Party No.3 shall not be quashed and if the Opp. Parties fail to file show cause and insufficient causes, then this Hon'ble Court, after hearing the parties be pleased to quash the impugned order Memo dtd.23.09.2022 under Annexure-6 and further be pleased to direct the Opp.

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Parties to grant compassionate appointment under Rehabilitation Assistance Scheme Rules 1990 following the ratio of the Judgment passed in the case of Malaya Nanda Sethy Versus State of Orissa and others cover being the petitioner submitted the application on 19.12.2019 under Annexure-4 series before Opp. party No.3 within a stipulated period. And pass any other order(s)/direction(s) as this Hon'ble Court deems fit and proper."

4. Being aggrieved by the rejection order dated 23.09.2022 under Annexure-6, the petitioner has approached this Court by filing the present writ application.

5. Learned counsel for the petitioner, at the outset, submitted that the father of the petitioner, who was serving as a Forester died in harness on 11.05.2019 leaving behind the petitioner along with other legal heirs and thereafter the petitioner with the consent of the other legal heirs applied for appointment under the OCS(RA) Rules, 1990. However, such application of the petitioner has been rejected by the Divisional Forest Officer- cum-Wildlife Warden, Rourkela Forest Division, Rourkela- Opposite Party No.3 by passing the impugned order dated 23.09.2023 under Annexure-6.

6. On perusal of the impugned order dated 23.09.2023 under Annexure-6, this Court observes that the same does not disclose any ground for rejection of the representation of the petitioner and the rejection order is one sentence which reveals that the application of the petitioner has been rejected as per the guidelines of G.A. Department Notification No.23345 dated 05.11.2016. On further perusal of the impugner order, this Court // 3 //

is of the considered view that the Opposite Party No.3 should have furnish the reasons for not accepting the application of the petitioner for appointment under the Rehabilitation Assistance Scheme, however, his conspectus is passing in the impugned order. In such view of the impugned rejection letter is unsustainable in law.

7. Learned Additional Standing Counsel for the State, on the other hand, contended that the notification of G.A. Department dated 05.11.2016, the application of the petitioner for appointment under the OCS (RA) Scheme has been rejected by the Opposite Party No.3. He further contended that the Opposite Party No.3 has not committed any illegality in rejecting the application of the petitioner. However, learned Additional Standing Counsel for the State does not dispute the fact that disclosing as to why the application of the petitioner has been rejected by the Opposite Party No.3 as per the guidelines of G.A. Department Notification No.23345 dated 05.11.2016. In such view of the matter, learned Additional Standing Counsel for the State submitted that the writ application is devoid of merit and accordingly, the same should not be maintained.

8. Considering the submissions made by learned counsels appearing for the respective parties and, on a careful on examination of the materials on record as well as impugned rejection order under Annexure-6, this Court is of the considered view that every aspect has civil consequences as the impugned order supported by reasons. It is needless to // 4 //

mentioned here that the reasons sole in taking into consideration the decision taken by the authorities, lack of reasons makes the order is void one, this Court has no hesitation in setting aside the impugned order dated 23.09.2022 under Annexure-6 and remanded the matter back to the Opposite Party No.3 to reconsider the matter in the cases of the law laid down by the Hon'ble Supreme Court in the case of Malaya Nanda Sethy vrs. State of Orissa and others : reported in 2022(II) OLR(SC)-1 and also the matter is pending for a long time and that the same will not come under the new Rules, which came into force during the pendency of final decision. Further in the case of State of West Bengal vrs. Debabrata Tiwari and Others. Etc. Etc., reported in (2023) (3) SCALE 557 within a period of two months from the date of communication of the certified copy of this order. Decision so taken shall be communicated to the petitioner within two weeks thereafter.

9. With the aforesaid observation/direction, the writ petition is disposed of.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra ) Judge Jagabandhu

Signature Not Verified Digitally Signed Signed by: JAGABANDHU BEHERA Designation: Secretary-in-Charge Reason: Authentication Location: OHC, CUTTCK Date: 29-Aug-2023 18:54:01