Orissa High Court
Netrananda Satnami vs State Of Odisha And Others on 25 July, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.22715 of 2023
Netrananda Satnami .... Petitioner
Mr. L. Mohanty, Advocate
-versus-
State of Odisha and others .... Opp. Parties
Mr. S. Das, A.G.A.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 25.07.2023
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:
"It is, therefore, prayed that this Hon'ble Court
may graciously be pleased to issue notice to the
opp.parties calling upon them to file show cause as to
why:
(i) The order of rejection dated 24.04.2023
issued by the opp.party no.2 as
communicated to the opp.party no.3 letter
dated 12.05.2023 under Annexure-12 shall
not be quashed, in view of the order passed
by the Hon'ble Court earlier W.P.(C)
No.27677 of 2020 dated 2.5.2022 as well as
judgment of Hon'ble Apex Court of India
in Malayananda Sethy versus State of
Orissa and others reported in 2022 II OLR
(SC) 1.
(ii) And after hearing the parties be pleased to
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quash/set aside the order of rejection dated
12.4.2023 as communicated vide order
dated 12.5.02023 under Annexure-12. The
opp.parties be directed to issue order of
appointment in favour of the petitioner
against any Class II post as per
Rehabilitation Assistance Rule 1990 as the
father of the petitioner has expired on
2.12.2014 and in the meantime eight years
have passed.
And pass any other order/orders be passed as
deemed fit and proper for the interest of justice"
4. It is submitted by Mr. L. Mohanty, learned counsel for the
petitioner that at the outset father of the petitioner died in harness on
02.12.2014, while he was working on the Opposite Parties.
Thereafter, in the year 2015, the son of the petitioner Ex-Government
employee and with the consent of other legal heirs applied for
appointment OCS (R.A.) Rules, 1990 before the Opposite Party
No.4. Since the application of the petitioner initially rejected, he has
approached this Court by filing a writ petition bearing W.P.(C)
No.27677 of 2020, which was disposed of vide order dated
02.05.2022 quashing of the rejection order dated 18.05.2020 with
further direction to consider in the light of the law laid down by the
Hon'ble Apex Court in the case of Ashish Awasthi.
5. Learned counsel for the petitioner also contended that after
disposal of the above noted writ application, the petitioner again
approached the authority, however, vide impugned order dated
24.04.2023 application of the petitioner has rejected on the ground
that by relying upon the judgment of the Hon'ble Apex Court of
India reported in N.C. Santosh vrs. State of Karnataka and others :
(2020 7 SCC 617 ( a three member Bench). Being aggrieved by the
said impugned order, the petitioner approached this Court by filing
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the present writ application.
6. Learned Additional Government Advocate, on the other hand,
submitted that the Opposite Parties have considered the case of the
petitioner pursuant to the order passed by this Court in the earlier writ
application on 02.05.2022. Accordingly, the same has been
considered and rejected by the authorities vide order dated
24.04.2023 by passing a reasoned and speaking order. Therefore, he
further contended that the Opposite Parties have not committed any
illegality while rejecting the application of the petitioner for
appointment under OCS (R.A.) Rules, 1990.
7. It is further submitted by learned counsel for the State that the
Hon'ble Supreme Court of India in N.C. Santosh (supra) a Three
Member(Judge) Bench decisions have held that such claims should
be considered as per amended Rules that were prevalent at the time
of consideration of the application and not the rules that were
prevalent at the time of death of the Government servants. The
present decision of the Hon'ble Supreme Court in Civil Appeal
No.4103 of 2022, arising ouf SLP(Civil) No.936/2022
(Malayananda Sethy-vrs-Stae of Odisha and others) as mentioned
by the Hon'ble High Court of Orissa vide order dt.02.05.2022 passed
in W.P.(C) No.27677 of 2020 for consideration the case of the
present petitioner being a Two Member(Judge) Bench, the decision
of the Hon'ble Supreme Court in N.C. Santosh (supra) which is of a
Three Member (Judge) Bench, the observation of the Hon'ble Apex
Court in N.C. Santosh (supra) shall prevail upon.
8. This Court on a careful examination of the order dated
24.04.2023 is of the considered view that the impugned order has not
been passed in terms of the order passed by this Court in the writ
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application. The judgment of this Court in Malayananda Sethy Vrs.
State of Orissa and others : reported in 2022(II) OLR(SC)-1 in an
identical factual scenario while considering the provision OCS (R.A.)
Rules, 1990. However, the authorities by relying upon the judgment
of the Hon'ble Supreme Court in the case of N.C. Santosh (supra)
have rejected by taking from the judgment rendered in the case of
N.C. Santosh (supra) rendered by the Three Member(Judge) Bench
of the Hon'ble Supreme Court. In the aforesaid context, this Court
like to verify the judgment of 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. Further by Hon'ble Supreme Court by
considering the very same rule which is applicable to the facts of the
present case. Therefore, the impugned order of rejection by the
Opposite Parties not in terms of order passed by this Court as well as
the judgment of the Hon'ble Supreme Court of India in the case of
N.C. Santosh (supra).
9. In view of the aforesaid analysis as well as considering the of
submissions made by learned counsel appearing for the respective
parties and further on a careful examination of the factual
background of the present case, this Court is of the considered view
that the rejection order dated 24.04.2023 is unsustainable in law,
therefore, the same needs to be set aside and accordingly, further the
matter remitted back to the Opposite Party No.2 to re-consider the
case of the petitioner in the light of the decision rendered by the he
Hon'ble Supreme Court as has taken a decision in the case of Malaya
Nanda Sethy vrs. State of Orissa and others (supra) and has also
taken similar view many other cases and consider the case of the
petitioner for appointment of compassionate ground under
OCS(Rehabilitation Assistance) Scheme (1990) to consider the
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matter in the light of the law laid down by the Hon'ble Supreme
Court of India in the case of Malaya Nanda Sethy vrs. State of
Odisha (supra). Further, it is directed that while considering the
application of the petitioner, the authorities shall also take into
consideration the latest judgment in the case of State of West Bengal
vrs. Debabrata Tiwari passed in Civil Appeal No.8842 of 2022
decided on 3rd of March, 2023 reported in (2023 (3) Scale-557).
Accordingly, the Opposite Party No.2 is directed to consider the
application of the petitioner afresh as has been directed hereinabove
and take a decision within a period of two months from the date of
communication of this order. Any decision so taken on the same
shall be communicated to the petitioner within a period of ten days
thereafter.
10. 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
