Satyabrat Mallick vs State Of Odisha And Others .... Opp. ...
2023 Latest Caselaw 15515 Ori

Orissa High Court

Satyabrat Mallick vs State Of Odisha And Others .... Opp. ... on 4 December, 2023

Author: A.K. Mohapatra

Bench: A.K. Mohapatra

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 W.P.(C) No.24118 of 2020


                 Satyabrat Mallick                        ....             Petitioner
                                                         Mr. S.K. Mishra, Advocate

                                              -versus-

                 State of Odisha and others               ....          Opp. Parties
                                                            Mr. P.K. Muduli, A.G.A.


                              CORAM:
                             JUSTICE A.K. MOHAPATRA
                                         ORDER

Order No.                               04.12.2023
    03.     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-Opposite Parties. Perused the writ petition as well as the documents annexed thereto.

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

"It is therefore, most humbly prayed that this Hon'ble Court may be graciously pleased to:

                    i)     Admit the writ application;
                    ii)    Call for the records;

iii) To quash the rejection order dtd. 08.06.2020 which is communicated vide letter No.11798 dtd.

06.08.2020 to the petitioner under Annexure-4 issued by the Collector, Jajpur (Opp. Party No.2).

iv) To direct Opp. Parties to appoint to the petitioner // 2 //

under Rehabilitation Assistance Scheme as Junior Revenue Assistant in the Collectorate of District Jajpur within a stipulated time.

v) And/or pass any other order/orders, direction/directions as this Hon'ble Court deems fit and proper for the ends of justice."

4. It is submitted by the learned counsel for the Petitioner that the wife of the Petitioner, namely, Debasmita Singh, who was working as a Government servant, died in harness on 21.07.2019. Thereafter an application was filed on compassionate ground on 14.10.2019. Learned counsel for the Petitioner further contended that taking into consideration the aforesaid two dates, the case of the Petitioner is squarely covered by the judgment of this Court in Biswajit Swain v. State of Odisha and others (W.P.(C) No.5214 of 2021 disposed of on 31.10.2023). He also contended that the case of the Petitioner is also covered by the ratio laid down by the Hon'ble Supreme Court in Malaya Nanda Sethy vrs. State of Orissa and others, reported in 2022(II) OLR(SC)-1. Accordingly, it was submitted that the rejection order dated 08.06.2020 under Annexure-4 to the writ petition is unsustainable in the eye of law. Accordingly the same should be quashed.

5. Learned Additional Government Advocate appearing for the State-Opposite Parties, on the other hand, contended that the impugned rejection order was passed much prior to the judgment delivered by either this Court or the Hon'ble Supreme Court. Therefore, the Opposite Parties have not committed any illegality in rejecting the application of the Petitioner by applying the 2020 rules. In such view of the matter, the learned Additional Government Advocate submitted that the writ petition is devoid of merit and, accordingly, the same should be dismissed.

// 3 //

6. Having heard the learned counsels appearing for the respective parties and on a careful examination of the background facts of the present case, this Court is of the considered view that the case of the Petitioner is covered by the judgments of this Court in Biswajit Swain's case (supra); Suchitra Bal v. State of Odisha & Ors. (W.P.(C) No.2081 of 2021 decided on 16.03.2023); and Bindusagar Samantaray v. State of Odisha & Ors. (W.A. No.810 of 2021 decided on 25.09.2023) as well as the judgments of the Hon'ble Supreme Court in Malaya Nanda Sethy's case (supra); and State of West Bengal -v.- Debabrata Tiwri, reported in 2023 (3) SCALE-

7. Accordingly, this Court is of the considered view that the impugned order under Annexure-4 is unsustainable in the eye of law and the same is hereby quashed. Further the matter is remanded back to the Opposite Party No.2-Collector, Jajpur to consider the matter afresh in the light of the judgments referred to hereinabove and take a final decision within a period of three months from the date of communication of a copy of this order by the Petitioner. The final decision so taken be communicated to the Petitioner within ten days from the date of taking such decision.

8. With the aforesaid observation and direction, the writ petition is disposed of.

( A.K. Mohapatra) Judge

Debasis