Orissa High Court
Karunakar Nayak vs State Of Odisha And Others .... Opposite ... on 11 January, 2024
Author: A.K. Mohapatra
Bench: A.K. Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.41854 of 2023
Karunakar Nayak .... Petitioner
Mr. Satyajit Mohapatra, Advocate
-versus-
State of Odisha and others .... Opposite Parties
Mr. Saswat Das, A.G.A.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 11.01.2024
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 present Writ Petition has been filed 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, issued 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
dated 21.11.2023 passed by the Collector, Balasore,
i.e. Opp.Party no.2 under Annexure-8 may kindly be
quashed.
Further this Hon'ble Court may kindly be directed
the Opp.Party No.2 to appoint the Petitioner under
R.A.Rule, 2016 for secure ends of justice.
And may pass any other order/orders,
direction/directions as your Lordship deem, just and
proper."
Designation: Junior Stenographer
Location: High Court of Orissa
Date: 16-Jan-2024 18:42:29
// 2 //
4. It is submitted by the learned counsel for the Petitioner that the
father of the Petitioner namely; late Rabindra Nayak, who was
working as VLW and thereafter promoted to the post of Panchayat
Executive Officer died in harness on 07.02.2017. Thereafter, the
Petitioner being one of the legal heirs applied for appointment under
Rehabilitation Assistance Scheme on 06.05.2017. Although the
application of the Petitioner was duly scrutinized, however the
Opposite Parties by applying the OCS(RA) Rules, 2020 have rejected
the application of the Petitioner vide order dated 21.11.2023 under
Annexur-8 to the Writ Petition. Learned counsel for the Petitioner
referring to the judgment of the Hon'ble Supreme Court as well as
this Court in Malaya Nanda Sethy vrs. State of Orissa and others :
reported in 2022(II) OLR(SC)-1 State of West Bengal-v.-Debabrata
Tiwari 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 submitted that the application of the Petitioner is
required to be considered under the OCS(RA) Rule, 1990 instead of
new Rule OCS(RA) Rule, 2020.
5. Learned Additional Government Advocate on the other hand
submitted that in view of the provision of Rule 6(9) of the OCS(RA)
Rule, 2020, the application has been rejected by Opposite Party no.2
by virtue of the order under Annexure-8. Therefore, the learned
Additional Government Advocate prays that the Writ Petition should
not be entertained at this stage.
6. Considering the submissions made by the learned counsel for
the respective parties and on careful examination of the background
Designation: Junior Stenographer
Reason: Authentication
Location: High Court of Orissa
Date: 16-Jan-2024 18:42:29
// 3 //
facts as well as the legal position as has been enumerated by the
Hon'ble Supreme Court and particularly keeping in view the
judgment in the case of 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 held that Rule 6(9) of the Rule is ultra vires of Article 14
of the Constitution of India. Accordingly, the same has been struck
down. In view of the aforesaid legal position, the impugned order
under Annxure-8 is unsustainable and the matter is remanded to
Opposite Party no.2 in the light of the law laid down in the aforesaid
judgment. Further the Opposite Party no.2 shall do well to consider
the application of the Petitioner in terms of OCS(RA) Rule, 1990 and
take a final decision within two months from the date of taking such
decision. The final decision so taken be communicated to the
Petitioner within 10 days thereafter.
6. With the aforesaid observation, the Writ Petition stands
disposed of.
Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
RKS
Designation: Junior Stenographer
Location: High Court of Orissa
Date: 16-Jan-2024 18:42:29
