Biswa Ranjan Samal vs State Of Odisha & Ors
2023 Latest Caselaw 13882 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 W.P.(C) No.36174 of 2023

                 Biswa Ranjan Samal                       ....              Petitioner
                                                               Mr.S.K.Jee, Advocate
                                              -versus-
                 State of Odisha & Ors.                   ....          Opp. Parties
                                                          Mr. Nikhil Pratap,A.S.C.
                                           CORAM:

                             JUSTICE A.K. MOHAPATRA
                                         ORDER

Order No.                               08.11.2023
    02.     1.      This matter is taken up through Hybrid Arrangement (Virtual
            /Physical Mode).

2. Heard learned counsel for the petitioner as well as learned Additional Standing counsel appearing for the State. Perused the writ petition as well as documents annexed to thereto.

4. The present writ petition has been filed by the petitioner with a prayer to quash the impugned order dated 01.02.2022 under Annexure-8 and for a direction to Opposite Party No.3 to issue appointment order in favour of the Petitioner.

5. It is submitted by learned counsel for the petitioner that the father of the Petitioner late Nanda Kishore Samal while working under OSAP, 3rd (SS) Bn., Gajapati, died in harness on 18.06.2015 leaving behind his legal heirs. Thereafter, after the death of his father, the Petitioner applied for appointment under OCS(RA) Rule, 1990. 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 order dated 01.02.2022 under Annexure-8. In this context, learned counsel for the petitioner relies upon the judgment rendered by the Hon'ble // 2 //

Supreme Court in the case of Malaya Nanda Sethy vrs. State of Orissa and others : reported in 2022(II) OLR(SC)-1, State of West Bengal-v.-Debabrata Tiwri reported in (2023 (3) SCALE- 557,Suchitra Bal v. State of Odisha and others in W.P.(C) No.2081 of 2021 & batch decided on 27.06.2023 and State of Odisha and others vs. Bindu Sagar Samantaray in W.A.No.810 of 2021. Relying upon the aforesaid judgments, learned counsel for the petitioner submits that the application of the petitioner needs to be reconsidered in the light of the judgment rendered by the Hon'ble Supreme Court as well as this Court.

6. Learned Additional Government Advocate appearing for the State, on the other hand, submits that during the pendency of the application submitted by the petitioner for appointment under rehabilitation assistance scheme, 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.

7. Considering the submissions made by the respective parties, this Court deems it proper to dispose of the Writ Petition at the stage of admission by setting aside the impugned order dated 01.02.2022 under Annexure-8 and further remand the matter back to the Superintendent of Police-cum-Commandant, OSAP 3rd (SS) Bn., Gajapati, Odisha, to reconsider 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, Debabrata Tiwari, Suchitra Bal and Bindu Sagar Samaantaray (supra) and the petitioner is directed to approach the Opposite Party No.3 along with certified copy of this // 3 //

order within a period of two weeks from today. On appearance of the petitioner, the authority that is the Opposite Party No.3 shall consider the application of the petitioner for appointment on compassionate ground under the OCS Ra Rules 1990 as amended in the year 2016 and dispose of the matter by passing a speaking and 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.

8. With the aforesaid observation/direction, the writ petition is disposed of.

9. Urgent certified copy of this order be granted on proper application.

.

( A.K. Mohapatra) Judge Rubi

Signature Not Verified Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: High Court of Orissa Date: 10-Nov-2023 15:37:27