Orissa High Court
Bhabani Sankar Badajena 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.42638 of 2023
Bhabani Sankar Badajena .... Petitioner
Mr. K.C.Sahu, Advocate
-versus-
State of Odisha and others .... Opposite Parties
Mr. P.K.Muduli, 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:
"It is, therefore prayed that Hon'ble Court be pleased
to quash the impugned letter dated 21.08.2021 and letter
dated 04.12.2021 under annexure-6 & 7 with further
directing the Opp.Parties for providing appointment of
the Petitioner commensurating with his qualification
under the R.A. Scheme as per the then prevailing
existing provisions/rules on the date of submission of
the application form by the Petitioner so also death of
the father of the Petitioner by applying as per the
provisions of O.C.S.(R.A.) Rules, 1990 keeping in view
of the above settled position of law within a time bound
period for the interest of justice.
And may further be pleased to pass any other
order(s),direction(s) as deems fit and proper for the bona
fide interest of justice."
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4. It is submitted by the learned counsel for the Petitioner that the
father of the Petitioner namely late Yudhistir Badajena while
working as Chainman under Opposite Party No.4 died in harness on
14.11.2015 leaving behind the Petitioner as surviving legal heir.
After the death of the deceased Government employee, the Petitioner
having eligibility for being appointed on compassionate ground
applied for appointment under Rehabilitation Assistance Scheme on
09.08.2016 along with relevant documents. Such application
submitted by the Petitioner was kept pending. Thereafter, vide letter
dated 21.08.2021 the Director (R&R) & Ex-Officio Special
Secretary to Government, Department of Water Resources intimated
the Collector and District Magistrate, Khordha to consider the case of
the Petitioner under OCS(RA) Rule, 2020 in view of the G.A.& P.G.
department Notification dated 17.02.2020. Accordingly, the Deputy
Collector, Establishment, Collectorate, Khordha transmitted the
application of the Petitioner for being considered under the OCS(RA)
Rule, 2020 vide letter dated 04.12.2021. Learned counsel for the
Petitioner at this juncture referred to the judgment of this Court as
well as 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.
5. Learned Additional Government Advocate on the other hand
contended that letter under Annexure-6 is of August, 2021. He
further contended that by then the judgments of the Hon'ble Supreme
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Court and this Court was not in existence. He further contended that
the Opposite Parties have taken a decision keeping in view the
OCS(RA) Rule, 2020. As such the Opposite Parties have not
committed any illegality in taking decision under Annexure-6 & 7 to
the Writ Petition. In such view of the matter, learned Additional
Government submitted that by now a final decision must have been
taken by the authority. In such view of the matter, it was submitted
that the Opposite Parties have not committed any illegality. Thus, it
was submitted that the Writ Petition is devoid of merit and the same
should be dismissed.
6. Considering the submissions made by the learned counsel for
the respective parties, on a careful examination of their submissions
and on a l scrutiny of the factual background of the case as well as
the materials on record, this Court observes that the factual
background of the present case remains undisputed. The dispute is
only with regard to applicability of the Rule in the present case and
on careful examination of the judgment of this Court as well as the
Hon'ble Supreme Court referred to hereinabove, this Court is of the
view that after taking into consideration the date of death and date of
application submitted by the Petitioner shall be considered under
OCS(RA) Rule 1990. In such view of the matter, this Court deems it
proper to dispose of the Writ Petition at the stage of admission with a
direction to Opposite Party No.2 to consider the application of the
Petitioner for appointment on compassionate ground by applying the
OCS(RA) Rule, 1990 as has been held by the Hon'ble Supreme
Court as well as this Court if the application is still pending before
Opposite Party No2. Therefore, the Petitioner is directed to approach
the Opposite Party No.2 along with certified copy of this order within
two weeks from today. The Opposite Party No.2 shall do well to
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consider the application of the Petitioner as has been directed herein
above within two months. The final decision 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
