Orissa High Court
Ashok Kumar Sethi vs State Of Odisha And Others on 19 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.16763 of 2023
Ashok Kumar Sethi .... Petitioner
Mr.Prajit Ku. Pradhan, Advocate
-versus-
State of Odisha and others .... Opp. Parties
Mr. A.Behera, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 19.05.2023
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the petitioner as well as learned
Additional Standing Counsel appearing for the State. Perused the writ
petition as well as documents annexed in the Writ Petition.
3. The present writ petition has been filed by the petitioner with a
prayer to quash the letter dated 11.12.2020 under Annexure-10 and to
reconsider the application of the Petitioner for appointment under
Rehabilitation Assistance Scheme under the OCS(R.A.) Rules, 1990.
4. It is submitted by learned counsel for the petitioner that the father
of the petitioner, Late Gangadhar Sethi, who was working as Head
Clerk in the Office of the Deputy Director of Horticulture, Puri died
in harness on 24.05.2020. Thereafter, the Petitioner being the elder son
of the deceased Government employee submitted application on
04.12.2000 along with all documents for compassionate appointment
under OCS (RA) Rule, 1990 with the consent of no objection of his
mother. Further, it is submitted by learned counsel for the petitioner that
the application of the petitioner has been rejected by the authorities by
the impugned letter dated 11.12.2020 under Annexure-10. In this
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context, learned counsel for the petitioner relies upon the judgment
rendered 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 and State of West Bengal-v.-Debabrata Tiwri passed in
Civil Appeal No.8842 of 2022 decided on 3rd of March, 2023
reported in (2023 (3) SCALE-557. Relying the aforesaid judgments,
learned counsel for the petitioner submits that the application of the
petitioner needs to be considered in the light of the judgment
rendered by the Hon'ble Supreme Court.
5. Learned Additional Standing Counsel appearing for the State, on
the other hand, submits that during the pendency of the application
submitted by the petitioner for appointment on compassionate ground, a
new rule was enacted in the year 2020. Therefore, the authorities, by
referring to the new rules, have rejected the application of the petitioner.
He further submits that he has no objection, if a direction is given to the
authorities to consider the grievance petition of the petitioner in
accordance with law within a stipulated period of time.
6. Considering the submissions made by the respective parties,
this Court deems it proper to dispose of the application at the stage of
admission by setting aside the impugned order dated 11.12.2020 of
Opposite Party No.3 under Annexure-10 and further remand the
matter back to the Deputy Director of Horticulture, Puri to consider
the application of the petitioner afresh in the light of the law laid
down of the Hon'ble Supreme Court in the case of Malaya Nanda
Sethy and Debabrata Tiwari (supra) and the petitioner is directed to
approach the Opposite Party No.2 along with certified copy of this
order within a period of two weeks from today. On appearance of the
petitioner, Opposite party No.2 shall do well to consider the case of
the petitioner and dispose of the matter by passing a speaking and
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reasoned order in accordance with law within a period of two
months. Any decision so taken on the same shall be communicated
to the petitioner within a period of ten days thereafter.
7. 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
Anil
Signature Not Verified
Digitally Signed
Signed by: ANIL KUMAR SAHOO
Designation: Junior Stenographer
Reason: Authentication
Location: High Court of Orissa
Date: 21-May-2023 11:06:34
