Orissa High Court
Sanjay Kumar Bhati vs The State Of Odisha And Others .... Opp. ... on 8 January, 2024
Author: A.K. Mohapatra
Bench: A.K. Mohapatra
Signature Not Verified
Digitally Signed
Signed by: DEBASIS AECH
Designation: Secretary
Reason: Authentication
IN THE HIGH COURT OF ORISSA AT CUTTACK
Location: OHC, CUTTACK.
Date: 11-Jan-2024 15:18:30
W.P.(C) No.43213 of 2023
Sanjay Kumar Bhati .... Petitioner
Mr. A.K. Parida, Advocate
-versus-
The State of Odisha and others .... Opp. Parties
Mr. N.K. Praharaj, A.G.A.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 08.01.2024
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 appearing for the State-Opposite
Parties. Perused the writ petition as well as the documents annexed
thereto.
3. The present writ petition has been filed by the Petitioner
with the following prayers:-
"It is therefore, prayed that, this Hon'ble Court
may graciously be pleased to admit the writ
application and issue Rule "NISI" to the Opp. Parties
to show cause as to:-
(i) Why, the Opp. Parties will not be directed
to provide appoint to the petitioner under
the Rehabilitation Assistance Scheme
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within a stipulated period;
And any other further order as would be
Date: 11-Jan-2024 15:18:30 deem fit and proper be also passed."
4. It is submitted by the learned counsel for the Petitioner that
the father of the Petitioner, who was a Government employee, died
in harness on 02.03.2013 leaving behind the present Petitioner and
other legal heirs. Thereafter, the Petitioner being one of the legal
heirs of his deceased father submitted an application through
prescribed format along with relevant documents for appointment
under the Rehabilitation Assistance Scheme before the Opposite
Party No.3 on 04.01.2014 after obtaining no objection affidavits
from the other legal heirs. Learned counsel for the Petitioner
further contended that the application submitted by the present
Petitioner for being appointed on compassionate ground under the
OCS (RA) Rules, 1990 is still pending for final consideration.
Being aggrieved by such inaction of the Opposite Parties, the
Petitioner has approached this Court by filing the present writ
petition.
5. Learned Additional Government Advocate appearing for the
State-Opposite Parties, on the other hand, contended that he has no
instruction as to whether any final decision has been taken or not
on the application of the Petitioner filed under the provision of
OCS (RA) Rules, 1990. However, he further contended that in the
event no final decision has been taken, he will have no objection if
the Opposite Parties are directed to consider the representation of
the Petitioner under Annexure-3 to the writ petition in accordance
with law within a stipulated period of time.
6. Considering the submissions made by the learned counsels
// 3 //
appearing for the respective parties and on a careful analysis of the
Location: OHC, CUTTACK. materials on record as well as the factual background of the present
Date: 11-Jan-2024 15:18:30
case, this Court deems it proper to dispose of the writ petition as
the stage of admission by directing the Opposite Party No.2 to
consider the representation of the Petitioner under Annexure-3 to
the writ petition strictly in accordance with law and keeping in
view the judgment of the Hon'ble Supreme Court in Malaya
Nanda Sethy vrs. State of Orissa and others, reported in 2022(II)
OLR(SC)-1 as well as the judgments of this Court in Biswajit
Swain v. State of Odisha and others (W.P.(C) No.5214 of 2021
disposed of on 31.10.2023); Suchitra Bal v. State of Odisha &
Ors. (W.P.(C) No.2081 of 2021 decided on 16.03.2023); and
Bindusagar Samantaray v. State of Odisha & Ors. (W.A. No.810
of 2021 decided on 25.09.2023) and dispose of such application by
passing a speaking and reasoned order within a period of two
months from the date of communication of a certified copy of this
order. The final decision so taken on such application be
communicated to the Petitioner within ten days thereafter.
7. With the aforesaid observation and direction, the writ
petition is disposed of.
Urgent certified copy of this order be granted on proper
application.
( A.K. Mohapatra)
Judge
Debasis
