Orissa High Court
) Srikanta Behera vs ) State Of Odisha ..... Opposite Parties on 2 April, 2024
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.7262 of 2024
1) Srikanta Behera ..... Petitioner
Represented By Adv. -
Sailabala Jena
-versus-
1) State Of Odisha ..... Opposite Parties
2) The Collector And District Magistrate Represented By Adv. -
S.Das, A.G.A.
3) Superintending Engineer,m Northern Circle
4) Executive Engineer, Sambalpur (r And B)
Division-1
5) Engineer-in-chief, (civil) Odisha
6) Executive Engineer, (r And B) Division
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
Order No. 02.04.2024
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 in the Writ Petition.
3. The present Writ Petition has been filed by the Petitioner with the
following prayer :
"It is therefore most respectfully prayed that, this
Hon'ble Court may be pleased to direct the Opp. Parties to
give appointment to the Petitioner under the Odisha Civil
Service (Rehabilitation Assistance) Scheme in vogue.
This Honourable court may also be pleased to pass any
other further order orders as deemed fit and proper in the
facts and circumstances of the case."
4. It is submitted by learned counsel for the petitioner that the father
of the petitioner, Late Sarat Chandra Behera died in harness, while he
working as a Carpenter at Office of the Assistant Executive Engineer,
Deogarh (R&B) Sub-Division leaving behind his legal heirs including
the present Petitioner. Thereafter, the Petitioner being one of the legal
heirs with the consent of other legal heirs submitted an application
before the opposite Party No.3 on 16.11.2016 for appointment on
compassionate ground under the OCS (RA) Rule, 1990. Such
application was forwarded to the Opposite Party No.2, the Opposite
Party No.2 asked the Tahasildar, Deogarh to furnish the certificate with
regard to distressful condition of the family of the deceased govt.
employee vide his letter dated 25.11.2016.
5. While the matter stood thus, the Opposite Party No.2 vide his
letter dated 08.02.2017 clarified that under the provisions of Rule-8 of
OCS (RA) Rule, 1990 as amended in the year 2016 there is no need to
obtain any distress certificate from the Collector. After the such letter of
the Opposite Party No.2, the Opposite Party No.3 forwarded the
application of the Petitioner to the Opposite Party No.5 for
consideration on 25.03.2017. Learned counsel for the Petitioner further
contended that the Opposite Party No.3 further wrote a letter to O.P.
No.2 on 01.07.2017 stating therein that since the death of the deceased
govt. employee has occurred prior to the OCS (RA) Rule, 1990 as
amended in the year 2016 there is need to furnish a distress certificate to
consider the case of the Petitioner for appointment under the OCS (RA)
Rule, 1990 and accordingly, a request was made to furnish a distress
certificate. Learned counsel for the Petitioner further contended that the
matter is pending, for taking a final decision since that date. She further
contended that the Opposite Party No.2 has not furnished any distress
certificate as a result of which the case of the Petitioner has not been
considered for appointment on compassionate ground under the OCS
(RA) Rule, 1990.
6. Learned Additional Government Advocate appearing for the
State, on the other hand, contended that on perusal of the writ
application it appears that the case of the Petitioner has not been
considered due to non-furnishing of a distress certificate as is required
under the OCS (RA) Rule, 1990. In such view of the matter, learned
A.G.A. in the event, this Court directs the Opposite Party No.2 to
furnish a distress certificate and pursuant to such direction a distress
certificate is furnished before the Opposite Party No.5, then the case of
the Petitioner shall be considered in accordance with law within a
stipulated period of time, he will have no objection to the same.
7. Considering the submissions made by the respective parties, on a
careful consideration of the background facts as well as materials on
record, further keeping in view the provisions contained under the OCS
(RA) Rule, 1990, this Court deems it proper to dispose of the
application at the stage of admission by directing the Opposite Party
No.2 to furnish the distress certificate in respect of family of the
deceased Govt. employee as has been requested by the Opposite Party
No.3 vide his letter dated 01.07.2017 within a period of four weeks
from the date of communication of a certified copy of this order. On
receipt of such distress certificate from the Opposite Party No.2, the
Opposite Party No.3 shall forward the same to Opposite Party No.5, the
Opposite Party No.5 shall finally consider the application of the
Petitioner for appointment on compassionate ground under the OCS
(RA) Rule, 1990 by taking into consideration the judgment of 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
decided by the Hon'ble Supreme Court and the judgment of this Court
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. No.810 of 2021 decided on 25.09.2023
accordingly, shall take a final decision within two months from the date
of receipt of such distress certificate as has been directed hereinabove.
The entire exercise be concluded within a period of three months from
the date of communication of a certified copy of this order. The
authorities are further directed to keep the Petitioner inform at every
stage of the proceeding as has been directed hereinabove.
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
Anil
Location: High Court of Orissa
