Orissa High Court
Shiba Charan Majhi vs Principal Secretary on 3 January, 2024
Author: A.K. Mohapatra
Bench: A.K. Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.42105 of 2023
Shiba Charan Majhi .... Petitioner
Mr. S. Mishra, Advocate
-versus-
Principal Secretary, Food Supplies .... Opp. Parties
and Consumer Welfare Dept.,
BBSR & others
Mr. P.K. Muduli, A.G.A.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 03.01.2024
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. On oral prayer of learned counsel for the petitioner, he is
permitted to carry out the correction in the description of Opposite
Party No.3. Let the correction be carried out in Court today.
3. Heard learned counsel for the petitioner as well as learned
Additional Government Advocate appearing for the State-Opposite
Party. Perused the writ petition as well as documents annexed in the
Writ Petition.
4. The present writ petition has been filed by the petitioner with a
prayer to quash the office order dated 23.12.2020 under Annexure-8
and to reconsider the application of the Petitioner for appointment under
Rehabilitation Assistance Scheme under the OCS(R.A.) Rules, 1990.
5. It is submitted by learned counsel for the petitioner that the father
of the petitioner, Late Dubraj Majhi, who was working as a Inspector of
Supplies under the office of Opposite Party No.3 i.e. Civil Supplies
Officer, Jajpur, died in harness on 07.10.2015. Thereafter, the Petitioner
// 2 //
being the son of the deceased Government employee submitted
application on 28.06.2016 along with all documents for compassionate
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 office order dated
23.12.2020 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 Tiwari 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 and Biswajit Swain v. State of
Odisha and others in W.P.(C) No.5214 of 2021 decided on 31.10.2023.
Relying the aforesaid judgments, learned counsel for the petitioner
submits that the application of the petitioner needs to be considered
in the light of the judgment rendered by the Hon'ble Supreme 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 on
compassionate ground, 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 Opposite Party No.1 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 application at the stage of
admission by setting aside the impugned office order dated
// 3 //
23.12.2020 under Annexure-8 and further the matter is remanded back
to the Opposite Party No.1 to consider the application of the
petitioner afresh in the light of the law laid down of the Hon'ble
Supreme Court in the case of Malaya Nanda Sethy and Debabrata
Tiwari (supra) as well as in Suchitra Bal, Bindusagar Samantaray
and Biswajit Swain's case (supra). However, the petitioner is directed
to approach the Opposite Party No.1 along with certified copy of this
order within a period of two weeks from today. On appearance of the
petitioner, Opposite party No.1 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
Anil
Designation: Junior Stenographer
Location: High Court of Orissa
Date: 05-Jan-2024 16:47:57
