Orissa High Court
Rajesh Kumar Mohapatra vs State Of Odisha And Others on 1 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.8726 of 2023
Rajesh Kumar Mohapatra. .... Petitioner
Mr. Durgesh Narayan Rath, Advocate
-versus-
State of Odisha and others .... Opp. Parties
Mr. Iswar Mohanty, ASC
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 01.05.2023
02. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. Heard learned counsel for the Petitioner as well as
learned counsel for the State-Opposite Parties.
3. The present writ petition has been filed by the Petitioner
with the following prayers:-
"Under the above circumstances, it is
therefore humbly prayed that this Hon'ble Court
may be graciously pleased to issue a writ in the
nature of writ of mandamus or any other
appropriate writ, direction or order by quashing
the order issued by the opposite party no.2 dated
02.03.2023 under Annexure-12 to the writ
application.
And this Hon'ble Court be further pleased to
direct the opposite parties to issue appointment
order in favour of the petitioner, under OCS
// 2 //
(Rehabilitation Assistance) Rules, 1990, taking
into consideration the educational qualification of
the petitioner, within a stipulated period.
And the Hon'ble Court be pleased to pass
any further order or orders as would be deem fit
and proper in the facts and circumstances of the
case."
4. It is submitted by learned counsel for the Petitioner that
earlier the Petitioner approached the authorities for
appointment under the OCS (RA) Rules, 1990 by submitting
an application under the said rules. Such application having
been rejected by the authorities vide order dated 27.07.2020
and 17.2.2021 under Annexure-7 & 8 respectively. The
Petitioner had earlier approached this Court by filing W.P.(C)
No.34929 of 2022. This Court after hearing the learned
counsel for the parties vide order dated 22.12.2022 disposed of
the writ petition by setting aside the impugned orders dated
27.07.2020 and 17.2.2021 under
Annexure-7 & 8 respectively and the matter was remanded
back to the Opposite Party No.2-Director, Health Services,
Heads of the Department Building, Bhubaneswar to consider
the application of the Petitioner afresh in the light 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.
5. Learned counsel for the Petitioner at this juncture
submitted that after disposal of the aforesaid writ petition, the
Petitioner again approached the Opposite Party No.2- Director,
// 3 //
Health Services, Heads of the Department Building,
Bhubaneswar. The Opposite Party No.2 vide order dated
02.03.2023 has again rejected the application of the Petitioner.
He further contended that while rejecting the application of the
Petitioner vide order dated 02.03.2023, the Opposite Party
No.2 has not taken into consideration the law laid down in
Malaya Nanda Sethy's case (supra) as directed by this Court
vide order dated 22.12.2022 passed in the earlier writ petition
of the Petitioner. Accordingly, the Petitioner has approached
this Court by filing the present writ petition.
6. Learned Additional Standing Counsel appearing for the
State-Opposite Parties, on the other hand, submitted that the
rejection order dated 02.03.2023 under Annexure-12 is a
reasoned and speaking order. He further submitted that the
Opposite Party No.2 while considering the case of the
Petitioner afresh as directed by this Court has taken note of all
the aspects and, accordingly, rejected the application of the
Petitioner by giving reasons. Therefore, learned Additional
Standing Counsel submitted that no fault can be found with
the Opposite Party No.2 while disposing of the representation
of the Petitioner vide order dated 02.03.2023 under Annexure-
12. He in course of his argument also relied upon the judgment
of the Supreme Court in the case of The State of West Bengal
v. Debabrata Tiwari & Ors. Etc. Etc. (Civil Appeal Nos.8842-
8855 of 2022 decided on 3rd March, 2023).
7. After considering the submissions made by the learned
// 4 //
counsel appearing for the respective parties and upon a perusal
of the impugned order dated 02.03.2023 under Annexure-12
and further keeping in view the factual background of the
present case, this Court observes that the Opposite Party No.2
while disposing of the representation vide the impugned order
dated 02.03.2023 under Annexure-12 has not taking into
consideration the judgment of the Hon'ble Supreme Court in
Malaya Nanda Sethy's case (supra). This appears to be
contrary to the direction issued by this Court in the earlier
round of writ petition. This Court further feels that the
Opposite Party No.2-Director, Health Services, Heads of the
Department Building, Bhubaneswar should have been more
careful while disposing of the representation of the Petitioner
and should have followed the direction issued by this Court
vide order dated 22.12.2022 in the earlier writ petition.
Without referring to the judgment in Malaya Nanda Sethy's
case (supra), the Opposite Party No.2 has disposed of the
application of the Petitioner by referring to the Notification of
the G.A. & P.G. Department dated 17.02.2020.
8. In such view of the matter, this Court thinks it proper to
quash the impugned order dated 02.03.2023 passed by the
Director of Health Intelligence & Vital Statistics, Odisha
under
Annexure-12 and, accordingly, the same is hereby quashed.
The matter is remanded back to the Opposite Party No.2 to
consider the matter afresh and keeping in view the direction
// 5 //
given by this Court vide order dated 22.12.2022 passed in
W.P.(C) No.34929 of 2022 and in the light of the judgment in
Malaya Nanda Sethy's case (supra) and disposed of the
application of the Petitioner within a period of two months
from the date of communication of this order by passing a
reasoned and speaking order. The decision so taken thereon
shall be communicated to the Petitioner within two weeks
thereafter.
9. With the aforesaid observation and direction, this writ
petition stands disposed of.
( A.K. Mohapatra)
Judge
DEBASIS AECH Digitally signed by DEBASIS AECH
Date: 2023.05.02 20:27:48 +05'30'
