Orissa High Court
Saraswati Mahanta vs State Of Odisha & Others .... Opposite ... on 9 January, 2024
Author: A.K. Mohapatra
Bench: A.K. Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.127 of 2024
Saraswati Mahanta .... Petitioner
Mr. S.K.Mishra,Advocate
-versus-
State of Odisha & others .... Opposite Parties
Mr. N.K.Praharaj,
A.G.A.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
09.01.2024
Order No.
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 for the State-Opposite Parties.
Perused the Writ Petition as well as the documents annexed thereto.
3. The Petitioner has filed the present writ application with the
following prayer:
"In the aforesaid facts and circumstances, it is,
therefore, prayed that in the interest of justice this
Hon'ble Court may graciously be pleased to;
i) Admit the writ Application.
ii) Call for the records.
iii) Direct to the opposite parties to appoint to
petitioner in a suitable post persunat to the
application dtd. 08.12.2014 under Annexure-3
Series to the writ application under the provision
laid down in the Odisha Civil Service
(rehabilitation Assitance Scheme) Rules, 1990
with the amended Rules-2016.
// 2 //
iv) Direct to the Opposite Parties to consider the
case of the petitioner as per the Judgment of this
Hon'ble Court on dated 24.08.2022 passed in
W.P.(C) No.14945 of 2015 Khirabdi Bala
Behera Vrs. State and others and Basanti Nayak
in W.P.C.(OAC) No.2669 of 2008 on dated
27.10.2022 with all service benefits within a
stipulated period
And/or pass any other appropriate
order/orders, direction/directions as the Hon'ble
Court may deem fit and proper in the interest of
justice."
4. Being aggrieved by inaction of the opposite parties in not
considering the case of the petitioner for appointment on
compassionate ground on the O.C.S. (RA) Rules, 1990, the petitioner
has approached this Court by filing the present writ application.
Learned counsel for the petitioner contended that the father of the
present petitioner, who was on ex Government employee died in
harness on 25.03.2005. Thereafter the present petitioner, being one of
the legal heirs and married daughter of the deceased Government
employee, applied for appointment on compassionate ground. Such
application of the petitioner having not been considered by the
opposite parties expeditiously the petitioner has approached this
Court for a direction to the opposite parties to consider the
application of the petitioner under the O.C.S.(RA) Rules, 1990 within
a stipulated period of time in the light of the judgment of this Court
in Khirabdi Bala Behera V. state of Odisha and others in W.P.(C)
No.14945 of 2015 as well as Basanti Nayak V. State of Odisha in
WPC(OAC) No. 2669 of 2008 decided on 27.10.2022.
5. Learned Additional Government Advocate on the other hand
contended that in the event the application of the petitioner is still
pending before the authorities they have no objection of this Court
// 3 //
directs opposite party Nos.3 and 4 to consider the application of the
petitioner under Annexure-2, if the same is still pending before the
opposite party No.3 and 4 for consideration, to considered in
accordance with law and within a stipulated period of time.
6. Considering such submissions made by learned counsels
appearing for the respective parties, on a careful examination of the
background facts, and on an analysis of the legal position in the
present case, this Court deems it proper to dispose of the writ
application by directing the Opposite Party No.3 and 4 to consider
the application of the petitioner under Annexure-3 to the writ
application taking into consideration the judgment of this Court in
Khirabdi Bala Behera's case supra and Basanti Naik's case supra
and dispose of the application of the petitioner by passing a speaking
and reasoned order within a period of two months from the date of
communication of certified copy of this order. Further, any final
decision so taken be communicated to the petitioner within ten days
thereafter.
7. With the aforesaid observation, the writ application stands
disposed of.
8. Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
Rubi
Location: High Court of Orissa
