Sri Sanjaya Kumar Mahanty vs State Of Odisha And Others
2023 Latest Caselaw 14773 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                W.P.(C) No.36295 of 2023


                 Sri Sanjaya Kumar Mahanty              ....            Petitioner
                                                   Mr. Ranjit Mohanty, Advocate

                                              -versus-

                 State of Odisha and others              ....          Opp. Parties

                                                         Mr. N.K. Praharaj, A.G.A.


                             CORAM:
                            JUSTICE A.K. MOHAPATRA
                                        ORDER

Order No.                              16.11.2023
    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 Government Advocate appearing for the State- Opposite Parties.

3. The present writ petition has been filed by the Petitioner with the following prayers:-

"It is therefore, most humbly prayed that this Hon'ble Court may graciously be pleased to issue RULE NISI calling upon the opp. parties to show cause as to why appropriate writ/writs shall not be issued directing the opp. parties, in particular the opp. party no.3, to consider the case of the petitioner for appointment under RA Scheme under the OCS (Rehabilitation Assistance) Rules, 1990, as amended in the year 2016, and to complete the process of appointment within a time stipulated period as this // 2 //

Hon'ble Court pleases to fix and upon perusal of the causes shown, if any, or upon insufficient causes shown, make the said RULE absolute and may pass such other order/orders as deemed just and proper."

4. It is submitted by the learned counsel for the Petitioner that the father of the Petitioner, who was a Government employee, died in harness on 11.04.2017. After the death of the Government employee, the Petitioner being one of the legal heirs with the consent of other legal heirs applied for appointment under the OCS (RA) Rules, 1990 before the Opposite Party No.3. Learned counsel for the Petitioner further contended that although the Petitioner has submitted the application well within the time stipulation provided in the rules, however, the authorities have not taken a final decision on the application of the Petitioner for appointment on compassionate ground. Being aggrieved by such inaction of the Opposite Parties, the Petitioner has approached this Court by filing the present writ petition.

5. Learned Additional Government Advocate appearing for the State-Opposite Parties, on the other hand, contended that since the application of the Petitioner is pending before the Opposite Party No.3, the Petitioner be directed to approach the Opposite Party No.3 and in such event, the Opposite Party No.3 be also directed to consider and dispose of the application of the Petitioner within a stipulated period of time and strictly in accordance with the law laid down by the Hon'ble Supreme Court as well as by this Court and he will have no objection to the same.

// 3 //

6. Considering the submissions of the learned counsel appearing for the respective parties and on a careful examination of the background facts of the present case as well as keeping in view the limited nature of grievance involved in the present writ petition, this Court deems it proper to dispose of the writ petition by directing the Opposite Party No.3 to consider the application of the Petitioner under Annexure-2 to the writ petition strictly in terms of the judgments passed by the Hon'ble Supreme Court in Malaya Nanda Sethy vrs. State of Orissa and others, reported in 2022(II) OLR(SC)-1 and State of West Bengal -v.- Debabrata Tiwri, reported in 2023 (3) SCALE-557 as well as the judgments of this Court in Suchitra Bal v. State of Odisha & Ors. (W.P.(C) No.2081 of 2021 decided on 16.03.2023); Bindusagar Samantaray v. State of Odisha & Ors. (W.A. No.810 of 2021 decided on 25.09.2023); and Biswajit Swain v. State of Odisha and others (W.P.(C) No.5214 of 2021 disposed of on 31.10.2023), within a period of two months from the date of communication of a certified copy of this order. The final decision so taken on the application of the Petitioner be also communicated to the Petitioner within two weeks thereafter.

7. With the aforesaid observation and direction, the writ petition is disposed of.

( A.K. Mohapatra) Judge Debasis Signature Not Verified Digitally Signed Signed by: DEBASIS AECH Designation: Secretary Reason: Authentication Location: OHC, CUTTACK.

Date: 18-Nov-2023 14:55:46