Orissa High Court
Swadesh Bandita Padhi vs State Of Odisha & Others on 9 November, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.36389 of 2023
Swadesh Bandita Padhi .... Petitioner
Mr. S.S. Pratap, Advocate
-versus-
State of Odisha & others .... Opposite Parties
Mr. N.K. Praharaj, A.G.A.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 09.11.2023
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the Petitioner and learned Additional
Government Advocate for the State-Opposite Parties. Perused the Writ
Petition as well as the documents annexed thereto.
3. The present Writ Petition has been filed by the Petitioner with the
following prayer :
"Under the facts and circumstances of the case as
narrated above it is humbly prayed that Hon'ble Court would
be graciously pleased to;
i) Admit this writ application,
ii) Call for the records from the Opp. Parties,
iii) Necessary direction may be issued to the opposite
parties to appoint the petitioner on compassionate
ground under the provisions of Rehabilitation
Assistance Rules 1990 within a time to be stipulated by
this Hon'ble Court, as the family of the deceased
employee is still in distress,
And/ or pass any other writ/writs, order/ orders,
direction/ directions in the fitness of the case."
// 2 //
4. It is stated by learned counsel for the petitioner that after the
death of the father of the Petitioner, on 26.07.2016 the Petitioner as one
of the legal heirs with the consent of other legal heirs applied for an
appointment under compassionate ground under the OCS (RA) Rules,
1990. He further contended that the application submitted by the
Petitioner is pending for consideration since the date of submission of
such application and no final decision has been taken. Being aggrieved
by such inaction on the part of the Opposite Parties the Petitioner has
approached this Court by filing the present writ application.
5. Learned Additional Government Advocate on the other
submitted that he will have no objection in the event this Court directs
the Opposite Party No.2, who is the competent authority to take a
decision on the application of the Petitioner in accordance with rules
and to dispose of the same within a stipulated period of time.
6. Considering the submissions made by the learned counsels
appearing for the respective parties and on a careful examination of the
background facts of the present case and keeping in view the limited
nature of the grievance involved in the present writ application, this
Court deems it proper to dispose of the writ application at the stage of
admission by directing the Opposite Party No.2 to consider the
application of the Petitioner under Annexure-3 series in terms of 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 Tiwari
reported in (2023 (3) SCALE-557 as well as in Suchitra Bal vs. State
of Odisha & ors. by a Division Bench of this Court in W.P.(C) No.2081
of 2021 decided on 16.03.2023 as well as Bindusagar Samantaray vs.
State of Odisha & ors. by a Division Bench of this Court in W.A.
// 3 //
No.810 of 2021 decided on 25.09.2023 the judgment of this Court in
Biswajit Panigrahi v. State of Odisha & others (W.P.(C)
No.27484 of 2022, decided on 19.5.2023) and to take a final
decision within a period of two months from the date of
communication of a certified copy of this order. The decision so
taken be communicated to the petitioner within two weeks thereafter.
7. With the aforesaid observations/ directions, the writ
application stands disposed of.
Issue urgent certified copy of this order as per Rules.
( 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: 10-Nov-2023 14:43:35
