Orissa High Court
Arkshita Behera vs State Of Odisha And Others .... Opposite ... on 4 January, 2024
Author: A.K. Mohapatra
Bench: A.K. Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.41664 of 2023
Arkshita Behera .... Petitioner
Mr. Ramnath Acharya, Advocate
-versus-
State of Odisha and others .... Opposite Parties
Mr. Saswat Das, A.G.A.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 04.01.2024
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. Perused the Writ Petition as well
as the documents annexed thereto.
3. The Petitioner has filed the present writ application with the
following prayer:
"Therefore, the Petitioner, most humbly rays that
this Hon'ble Court may graciously be pleased to admit
this writ petition, issue notice to the Opposite Parties
and after hearing the parties be pleased
i) To issue direction to the Opp.Parties more
particularly the Opposite Party Nos. 2 & 3 to
issue appointment order in favour of the Petitioner
under Rehabilitation Assistance Scheme in Cass
III post within a stipulated period.
ii) Further prayed of the case of the Petitioner may
kindly be considered as per decision of this
Hon'ble Court dated 25.09.2023 passed in
W.A.No.966 of 2021 (State of Odisha v.
Radhakanta Sahoo) & W.A.No.1132 of 2022
(State of Odisha vrs. Basanti Soren)
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And pass any other order/orders which your
Lordship deem fit and proper."
4. It is submitted by the learned counsel for the Petitioner that the
father of the Petitioner namely, late Purna Chandra Behera was a
Government employee working under the Water Resources
Department of Government of Odisha as he was initially appointed as
Helper in the Office of the Executive Engineer, Rengali Dam
Division, Rengali. While working as such, the father of the Petitioner
died in harness on 22.04.2014. Thereafter, the Petitioner applied for
appointment on compassionate ground initially on 20.03.2015
enclosing all relevant documents before the Executive Engineer,
Rengali Dam Division, . It is submitted by the learned counsel for the
Petitioner that the application of the Petitioner was duly scrutinised
by a committee duly constituted to examine the application under
Rehabilitation Assistance Scheme. The application submitted by the
Petitioner was returned vide letter dated 03.12.2016 with the
suggestion to resubmit the same after necessary compliance of the
observation raised by the Department of Water Resources,
Government of Odisha vide his letter dated 08.04.2016. Thereafter
the Petitioner again resubmitted his application which was duly
forwarded to the Office of the Chief Engineer & Basin Manager,
Brahmani vide letter dated 22.02.2018 of the Director, Personnel
under Annexure-8 to the Writ Petition. Thereafter, the application of
the Petitioner has not been considered as has been mentioned in letter
03.12.2016. Bing aggrieved by such inaction of the Opposite Parties
in considering the application of the Petitioner under the
Rehabilitation Assistance Scheme, the Petitioner has approached this
Court by filing the present Writ Petition.
5. In course of his argument, learned counsel for the Petitioner
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submitted that taking into consideration the date of death of the Ex-
Government employee i.e. on 22.04.2014 and the date of initial filing
of the application for appointment on compassionate ground i.e. on
20.03.2015, the case of the Petitioner is squarely covered by the
decision of the Hon'ble Supreme Court in 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.
Biswajit Swain v. State of Odisha and others in W.P.(C) No.5214 of
2021 decided on 31.10.2023. He further contended that keeping in
view the ratio of the judgment in Biswajit Swain v. State of Odisha
and others in W.P.(C) No.5214 of 2021 decided on 31.10.2023
wherein this Court has declared Rule 6(9) of the OCS(RA) Rule
2020, which stipulates that all pending applications under R.A.
Scheme are to be considered under the OCS(RA) Rule, 2020, to be
ultra vires of Articles 14 & 16 of the Constitution of India. In such
view of the matter, learned counsel for the Petitioner further
submitted that the Opposite Parties be directed to consider the
application of the Petitioner within a stipulated period under
OCS(RA) Rule, 1990.
6. Learned Additional Government Advocate on the other hand
contended that the application submitted by the Petitioner was
initially returned, as the same was not in conformity with the letter
of the Department of Water Resources. He further contended that
although the Petitioner resubmitted his application, however the
status of such application was not known. Learned Additional
Government Advocate further submitted that he has no objection in
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the event this Court directs the Opposite Parties to consider the
application of the Petitioner in accordance with law, if the same is
still pending within a stipulated period of time.
7. Considering the submissions of the learned counsel for the
respective parties, on a careful examination of the background facts
of the present case and keeping in view the settled position of law as
has been held by this Court as well as the Hon'ble Supreme Court,
this Court deems to proper to dispose of the Writ Petition at the stage
of admission by directing the Opposite Party No.2 to consider the
pending application of the Petitioner for appointment on
compassionate ground under the OCS(RA) Rule, 1990 within a
period of two months from the date of application. The Petitioner
shall approach the Opposite Party no.2 along with certified copy of
this order within three weeks from today. In such eventuality, the
Opposite Party no.2 shall consider the application of the Petitioner
within a period of two months from the date of approach and the final
decision so taken be communicated to the Petitioner within two
weeks thereafter.
7. With the aforesaid observation, the writ application stands
disposed of.
Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
RKS
Location: High Court of Orissa
