Orissa High Court
Ranjita Sethi vs State Of Odisha And Another on 9 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P (C) No. 11364 of 2023
Ranjita Sethi ..... Petitioner
Mr. D.K. Mohanty, Adv.
Vs.
State of Odisha and another ..... Opposite Parties
Mr. S. Nayak, ASC
CORAM:
DR. JUSTICE B.R. SARANGI
MR. JUSTICE M.S. RAMAN
ORDER
09.05.2023
Order No. This matter is taken up through hybrid mode.
02.
2. Heard Mr. D.K. Mohanty, learned counsel for the petitioner
and Mr. S. Nayak, learned Addl. Standing Counsel appearing for
the State-Opposite Parties.
3. The petitioner has filed this writ petition seeking to quash
the order dated 28.03.2023 under Annexure-11, by which the
claim of the petitioner for compassionate appointment has been
rejected.
4. Mr. D.K. Mohanty, learned counsel for the petitioner
contended that while passing the order impugned dated
28.03.2023 under Annexure-11, the authority has lost sight of the
judgment of this Court in the case of Kshirabadi Bala Behera v.
Orissa Administrative Tribunal and others, 2023 (Supp.I) OLR
620. Thereby, the order so passed by the authority cannot be
sustained in the eye of law.
5. Mr. S. Nayak, learned Addl. Standing Counsel appearing
for the State-Opposite Parties contended that the opposite party-
authority has committed an error in rejecting the claim of the
petitioner for compassionate appointment on the ground of
married daughter, which is no more subsisting in view of the
judgment passed by this Court in the case of Kshirabadi Bala
Behera (supra).
6. Having heard learned counsel for the parties and after going
through the records, this Court finds that in the order impugned
vide Annexure-11 the Registrar, Civil Court, Cuttack has passed
an order stating inter alia that the case of the petitioner has been
forwarded to the Principal Secretary to Govt. of Odisha, GA & PG
Department, vide letter dated 02.08.2019, for consideration. But
the same has been rejected on the ground that married daughter
cannot be afforded with the benefits enshrined under the OCS
(RA) Rules, 1990 by way of relaxation of the provisions under
Rule-2(b) of the said Rules, rather it will require amendment of
the said Rules, and that since the OCS (RA) Rules, 1990 have
already been repealed by the OCS (RA) Rules, 1990, there is no
scope to amend the same. But fact remains, the death of the father
of the petitioner, who was working as a Process Server in the
establishment of District Judge, Cuttack, was occurred on
28.11.2017 and by that time the OCS (RA) Rules, 1990 were in
force. Therefore, consideration of the claim of the petitioner for
compassionate appointment has to be made on the basis of said
Rules, in view of the judgment of the apex Court in the case of
Malaya Nanda Sethy v. State of Orissa, Civil Appeal No. 4103 of
2022 disposed of on 20.05.2022. So far as the reasons assigned,
that the married daughter is not entitled to the benefit in view of
Rule-2(b) of the Rules, the same has already been considered by
this Court in the case of Kshirabadi Bala Behera (supra) and it
has been authoritatively decided that even the married daughter is
entitled to get compassionate appointment. Therefore, the
objection so raised by the authority cannot be sustained in the eye
of law.
7. In the above view of the matter, the order dated 28.03.2023
passed by the authority under Annexure-11 cannot be sustained in
the eye of law and the same is liable to be quashed and is hereby
quashed. The matter is remitted back to the authority for
reconsideration of the case of the petitioner in accordance with the
OCS (RA) Rules, 1990, which were governing the field by the
time the father of the petitioner died, and keeping in view the ratio
decided in Kshirabadi Bala Behera (supra), wherein it has been
decided that the married daughter is entitled to be considered for
compassionate appointment as per Rules, 1990.
8. The writ petition is accordingly disposed of.
(DR. B.R. SARANGI)
JUDGE
Ashok
(M.S. RAMAN)
JUDGE
ASHOK KUMAR Digitally signed by
ASHOK KUMAR
JAGADEB JAGADEB MOHAPATRA
Date: 2023.05.10
MOHAPATRA 17:20:33 +05'30'
