Orissa High Court
Rakesh Kumar Polai vs State Of Odisha And Others on 21 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.21230 of 2023
Rakesh Kumar Polai .... Petitioner
Mr. Alok Kumar Panda, Advocate
-versus-
State of Odisha and others .... Opp. Parties
Mr. Saswat Das, A.G.A.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 21.08.2023
02. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the petitioner as well as learned
Additional Government Advocate appearing for the State. Perused the
writ petition as well as documents annexed in the Writ Petition.
3. The present writ petition has been filed by the petitioner with a
prayer to quash the letter dated 08.05.2020 (Annexure-3) and to
reconsider the application of the Petitioner for compassionate
appointment under Rehabilitation Assistance Scheme.
4. It is submitted by learned counsel for the petitioner that the father
of the petitioner, late Santosh Kumar Polai, while was working as
Panchayat Executive Officer in Aska Panchayat Samiti Office, Aska
expired on 09.06.2017. The deceased employee expired leaving behind
his wife, old parents and two sons as revealed from the legal heir
certificate issued by the Tahasildar. Thereafter, the Petitioner being the
son of the deceased employee submitted application for compassionate
appointment under rehabilitation assistance scheme in the year 2017.
Further, it is submitted by learned counsel for the petitioner that the
application of the petitioner has been returned by the authorities by the
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impugned letter dated 08.05.2020 under Annexure-3. In this context,
learned counsel for the petitioner relies upon the judgment rendered 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
State of West Bengal-v.-Debabrata Tiwri passed in Civil Appeal
No.8842 of 2022 decided on 3rd of March, 2023 reported in (2023
(3) SCALE-557. Relying the aforesaid judgments, learned counsel
for the petitioner submits that the application of the petitioner needs
to be considered in the light of the judgment rendered by the Hon'ble
Supreme Court.
5. Learned Additional Government Advocate, on the other hand,
submits that during the pendency of the application submitted by the
petitioner for appointment on compassionate ground, a new rule was
enacted in the year 2020. Therefore, the authorities, by referring to the
new rules, have returned the application of the petitioner. He further
submits that he has no objection, if a direction is given to the authorities
to reconsider the grievance petition of the petitioner in accordance with
law within a stipulated period of time.
6. Considering the submissions made by the respective parties,
this Court deems it proper to dispose of the application at the stage of
admission by setting aside the impugned letter dated 08.05.2020
under annexure-3 and further remand the matter back to the
Collector, Gnjam to reconsider the application of the petitioner afresh
in the light of the law laid down of the Hon'ble Supreme Court in the
case of Malaya Nanda Sethy and Debabrata Tiwari (supra) and the
petitioner is directed to approach the Opposite Party No.2 along with
certified copy of this order within a period of two weeks from today.
On appearance of the petitioner, Opposite party No.2 shall do well to
consider the case of the petitioner and dispose of the matter by
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passing a speaking and reasoned order in accordance with law within
a period of two months. Any decision so taken on the same shall be
communicated to the petitioner within a period of ten days thereafter.
7. 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
RKS
Signature Not Verified
Digitally Signed
Signed by: RAMESH KUMAR SINGH
Designation: Ex-A.R.-cum-Sr. Secretary
Reason: Authentication
Location: High Court of Orissa
Date: 22-Aug-2023 12:37:16
