Orissa High Court
Debashisa Das 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.42691 of 2023
Debashisa Das .... Petitioner
Mr. P.K. 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
counsel for the State. Perused the record.
3. The present writ petition has been filed by the petitioner with the
following prayers:
" Under the aforesaid facts and circumstances of the,
it is therefore, prayed that this Hon'ble Court may
graciously be pleased to:
i)
Direct the Opp.Parties to give appointment to the
Petitioner under Rehabilitation Assistance Scheme
in terms of Odisha Civil Service (Rehabilitation
Assistance) Rues, 1990 which was prevalent at the
time of death of his father on 25.10.2014 in the light
of the judgment of the Hon'ble Apex Court,
rendered in the case of the State of Madhya Pradesh
and others v. Ashish Awasthi, reported in 2021(II)
OLR (SC) 1072 and Malaya Nanda Sethy-v.-State
Signature Not of Odisha and others in Civil appeal No.4103/2022,
Verified
Digitally Signed
Signed by: RAMESH KUMAR SINGH
Designation: Junior Stenographer
Reason: Authentication
Location: High Court of Orissa
Date: 16-Jan-2024 18:42:31
// 2 //
disposed of on 20.05.2022, thereby quash the order
dated 30.06.2022 vide Annexure-5 for the interest
of justice;
ii) Pass such other order(s) or issue direction(s) as may
be deemed fit and proper in the bona fide interest of
justice."
4. The present writ petition has been filed by the petitioner
challenging the impugned rejection order dated 30.06.2020 issued by
the Executive Engineer, Minor Irrigation Division, Khordha, present
Opp.Party No.5wherein the Opposite Party No.5 has rejected the
applications of the mother of the Petitioner for Rehabilitation
Assistance Scheme.
5. It is submitted by learned counsel for the petitioner that the
father of the petitioner died on 25.102014 and is covered under the
OCS(RA) Rules, 1990. It is further submitted by learned counsel for
the petitioner that although the application has been submitted by the
mother of the petitioner i.e. in the year 2015, the Authority sat over
the matter and as his mother attained the age of 58 years, Petitioner
applied during 2019 and finally by virtue of the impugned order
under Annexure-5, the same came to the light.
6. Learned counsel for the petitioner further submits that let the
Authority be directed to consider the case of the petitioner in the light
of the judgment delivered by the Hon'ble Supreme Court of India in
the case of Indian Bank vs. Promila, reported in (2020) 2 SCC 729,
State of Madhya Pradesh vs. Amit Shrivas, reported in (2020) 10
SCC 496, Hon'ble Apex Court in the case of The Secretary to Govt.,
Department of Education (Primary) & Ors. vs. Bheemesh Alias
Bheemappa (Civil Appeal No.7722 of 2021) as well as in the case of
State of Madhya Pradesh vs. Ashish Awasthi, reported in 2021(II)
Designation: Junior Stenographer
Location: High Court of Orissa
Date: 16-Jan-2024 18:42:31
// 3 //
OLR (SC) 1072. It is also submitted that basing on the said order
passed by the Hon'ble Apex Court the petitioner Malaya Nanda
Sethi vrs. State of Odisha and others, has been provided with the
appointment vide order dated 13.06.2022 of the Government in the
Excise Department. Moreover, it is also submitted that when similar
issue was raised before the Hon'ble Apex Court in Special Leave (C)
No.12740 of 2022. Hon'ble Apex Court relying on the decision of
Malaya Nanda Sethi vrs. State of Odisha and others remanded the
matter for consideration in the light of the judgment passed in the
aforesaid Civil Appeal No.4103 of 2022.
7. Having heard leaned counsel for the parties and considering
the facts and circumstances of the case, this Court observes that the
order dated 01.08.2023 under Annexure 11 is not sustainable in law
and therefore, the same is hereby quashed and the matter is remanded
to the Secretary, Water Resources Department, Odisha, Bhubaneswar
(Opposite Party No.1) and looking to the date of death of the
deceased and involving whom the appointment under the
Rehabilitation Assistance Scheme is sought for and the date of
application for appointment under the Rehabilitation Assistance
Scheme, this Court directs that the Secretary, Water Resources
Department, Odisha, Bhubaneswar (Opposite Party No.1) to look
into the claim of the Petitioner and dispose of the same in accordance
with law as well as the recent decision dated 25.09.2023 in
W.A.No.810 of 2021 and batch taking into account the judgments in
the case of Indian Bank vs. Promila, reported in (2020) 2 SCC 729,
State of Madhya Pradesh vs. Amit Shrivas, reported in (2020) 10
SCC 496, Hon'ble Apex Court in the case of The Secretary to
Govt., Department of Education (Primary) & Ors. vs. Bheemesh
Designation: Junior Stenographer
Location: High Court of Orissa
Date: 16-Jan-2024 18:42:31
// 4 //
Alias Bheemappa (Civil Appeal No.7722 of 2021) as well as in the
case of State of Madhya Pradesh vs. Ashish Awasthi, reported in
2021(II) OLR (SC) 1072, wherein the Apex Court in a clear and
categorical term observed that the policy prevalent at the time of
death of the deceased employee is only to be considered and not the
subsequent policy and pass a speaking and reasoned order by giving
appointment to the Petitioner under the Rehabilitation Assistance
Scheme, subject to availability of vacancies, within a period of three
months from the date of production of certified copy of this order.
Decision so taken be communicated to the Petitioner within a period
of two weeks thereafter.
8. With the above direction, the writ petition stands disposed of.
Urgent certified copy of this order be granted on proper
application.
RKS ( A.K. Mohapatra )
Judge
Designation: Junior Stenographer
Location: High Court of Orissa
Date: 16-Jan-2024 18:42:31
