Orissa High Court
Rekha Naik vs State Of Odisha And Others .... Opp. ... on 8 December, 2023
Author: A.K. Mohapatra
Bench: A.K. Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.4505 of 2023
Rekha Naik .... Petitioner
Mr. Basudev Barik, Advocate
-versus-
State of Odisha and others .... Opp. Parties
Mr. P.K. Muduli, A.G.A.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 08.12.2023
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel appearing for the Petitioner as well as
learned Additional Government Advocate appearing for the State-
Opposite Parties. Perused the pleadings 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 prayed that this Hon'ble Court may
graciously be pleased to admit the writ application, issue
rule nisi calling upon the opp. parties to show cause as to
why the letter No.326 dtd. 18.01.2023 under Annexure-6
shall not be quashed and the petitioner shall not be
appointed under OCS (Rehabilitation Assistance) Rules,
1990 which was in force at the time of death of her
husband, if the opp. parties fail to file show cause and
insufficient cause make the rule absolute and direct the
opp. parties more particularly opp. party No.4 give
appointment to the petitioner under OCS (RA) Rules,
1990 within stipulated time.
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And pass any other order/orders,
direction/directions as this Hon'ble Court would be deem
fit and proper as facts and circumstances of the case."
4. It is submitted by learned counsel for the Petitioner that the
husband of the Petitioner, who was working as a Government
employee, died in harness on 13.11.2018 leaving behind the present
Petitioner and other legal heirs. The preset Petitioner being the wife
of the deceased Government employee having preferential right in
view of the Rule-2(b) of the O.C.S. (R.A.) Rules, 1990 applied for
appointment on compassionate ground on 23.10.2019. During
pendency of such application before the authorities, new rule, i.e.,
O.C.S. (R.A.) Rules, 2020 came into force. In view of the provisions
contained in Rule-6(9) of the Rules, 2020, the Petitioner was asked to
apply afresh which was followed by the Petitioner and, accordingly, a
fresh application has been filed. However, the Opposite Parties have
rejected the application of the Petitioner by applying the 2020 Rules
vide order dated 18.1.2023 under Annexure-6 to the writ petition.
5. Learned Additional Government Advocate appearing for the
State-Opposite Parties, on the other hand, contended that in view of
the Rule-6(9) of the Rules, 2020, the application of the Petitioner,
which was pending at the time the new rule came into force, was
considered by following the G.A. & P.G. Department Notification
dated 17.2.2020 and, accordingly, the same has been rejected on the
ground that the Petitioner has not acquired the desire number of
points under the new rules, 2020 for consideration of her case for
appointment on compassionate ground.
6. On a careful submission made by the learned counsel
appearing for both the sides as well as on a careful examination of
the background facts of the present case, this Court is of the
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considered view that the present case is covered by the judgments 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); 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 judgment
of the Hon'ble Supreme Court in Malaya Nanda Sethy vrs. State of
Orissa and others, reported in 2022(II) OLR(SC)-1. Learned
Additional Government Advocate also submitted that the case of the
Petitioner needs to be considered in the light of the judgment of the
Hon'ble Supreme Court in State of West Bengal -v.- Debabrata
Tiwri, reported in 2023 (3) SCALE-557.
7. In such view of the matter, this Court deems it proper to
dispose of the writ petition by quashing the impugned rejection order
dated 18.1.2023 under Annexure-6 to the writ petition and further the
matter is remanded back to the Opposite Party No.4 to consider the
case of the Petitioner in the light of the aforesaid judgments within a
period of two months from the date of communication of a certified
copy of this order. The final decision so taken be communicated to
the Petitioner within two weeks thereafter.
8. With the aforesaid observation and direction, the writ petition
is disposed of.
Urgent certified copy of this order be granted on proper
application.
Digitally Signed ( A.K. Mohapatra)
Designation: Secretary Judge
Reason: Authentication
Location: OHC, CUTTACK.
Debasis
Date: 09-Dec-2023 16:29:12
