Kalpana Mukhi vs State Of Odisha And Others
2023 Latest Caselaw 14776 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 W.P.(C) No.35842 of 2023

                 Kalpana Mukhi                            ....           Petitioner
                                                         Mr.D.R.Mishra, Advocate
                                              -versus-
                 State of Odisha and others               ....       Opp. Parties
                                                          Mr. P.K.Muduli, 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. Perused the writ petition as well as documents annexed to thereto.

3. The present writ petition has been filed by the petitioner with the following prayer :

"Under the above circumstances, it is therefore humbly prayed that this Hon'ble Court may be graciously pleased to issue a writ in the nature of writ of Mandamus or any other appropriate writ, direction or order by quashing the communication made by the Opposite Party No.3 dated 08.09.2023 vide Annexure-8 to the writ application.

And this Hon'ble Court is further pleased to direct the Opposite Parties to issue appointment order in favour of the Petitioner in OCS(Rehabilitation Assistance) Rules, 1990 and other appropriate order/orders, direction/directions may kindly be passed as deemed equitable by this Hon'ble Court in the interest of justices."

4. The present Writ Petition has been filed by the Petitioner with a prayer to quash the impugned communication made by Opposite Party No.3 dated 08.09.2023 under Annexure-8 and for a direction to // 2 //

Opposite Parties to issue appointment order in favour of the Petitioner.

5. It is submitted by learned counsel for the petitioner that the husband of the Petitioner late Antaryami Mukhi while working as Sweeper in Charmal C.H.C. in the district of Sambalpur died in harness on 20.11.2019 leaving behind the Petitioner and his family members as legal heirs. Thereafter, on 16.11.2020 the Petitioner applied for compassionate appointment under Rehabilitation Assistance Scheme as per the provisions of OCS(RA) Rules, 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 08.09.2023 under Annexure-8. In this 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, 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 // 3 //

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 communication dated 08.09.2023 under Annexure-8 and further remand the matter back to the Chief District Medical & Public Health Officer, Sambalpur- Opposite Party No.4 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 Samabantaray (supra) and the petitioner is directed to approach the Opposite Party No.4 along with certified copy of this order within a period of two weeks from today. On appearance of the petitioner, the authority shall do well to consider the case of the petitioner 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 RKS

Signature Not Verified Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa Date: 20-Nov-2023 10:48:42