Orissa High Court
Amit Kumar Jena vs State Of Odisha & Others .... Opp. ... on 10 January, 2024
Author: A.K. Mohapatra
Bench: A.K. Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.41849 of 2023
Amit Kumar Jena .... Petitioner
Mr. S. Mohapatra, Advocate
-versus-
State of Odisha & others .... Opp. Parties
Mr. N. Pratap, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 10.01.2024
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 Standing Counsel appearing for the State-Opposite Party.
Perused the writ petition as well as documents annexed in the Writ
Petition.
3. The present Writ Petition has been filed by the Petitioner with the
following prayer :
"It is, therefore, prayed that your Lordships may
graciously be pleased to consider the facts stated in the
petition, admit this writ application, issue notice to the Opp.
Parties calling upon them to file the show cause, if they fail to
show cause or show insufficient cause this writ application
may kindly be allowed and the order dtd.21.11.2023 passed by
the Collector, Balasore i.e. Opp. No.2 under Annexure-7 may
kindly be quashed.
Further this Hon'ble Court may kindly be directed the
Opp. No. 2 to appoint the petitioner under RA Rules, 2016 for
secure ends of justice
And may pass any other order/orders, direction
/directions as your Lordship deem, just and proper."
4. It is submitted by learned counsel for the petitioner that the father
of the petitioner was working as Panchayat Executive Officer, died in
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harness on 30.05.2018. Thereafter, the Petitioner being the son of the
deceased Government employee submitted application after the death of
his father 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 21.11.2023 under
Annexure-7. 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 and State of West Bengal-v.-Debabrata Tiwari
reported in (2023 (3) SCALE-557 as well as in Suchitra Bal vs. State
of Odisha & ors. by a Division Bench of this Court in W.P.(C) No.2081
of 2021 decided on 16.03.2023 as well as Bindusagar Samantaray vs.
State of Odisha & ors. by a Division Bench of this Court in W.A.
No.810 of 2021 decided on 25.09.2023 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.
5. Learned Additional Standing Counsel 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.2 to consider the grievance petition of the petitioner
in accordance with law within a stipulated period of time.
6. Considering the submissions made by the respective parties,
this Court deems it proper to dispose of the application at the stage of
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admission by setting aside the impugned office order dated
21.11.2023 of Opposite Party No.2 under Annexure-7 and further the
matter is remanded back to the Opposite Party No.2 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 and Bindusagar
Samantaray's case (supra) and Biswajit Swain's case (supra).
However, the petitioner is directed to approach the Opposite Party
No.2 along with certified copy of this order within a period of two
weeks from today. On appearance of the petitioner, Opposite party
No.2 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.
7. With the aforesaid observation/direction, the writ petition is
disposed of.
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: 12-Jan-2024 18:47:11
