Orissa High Court
Pravat Behera vs ) State Of Odisha ..... Opposite Parties on 7 May, 2024
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.9592 of 2024
Pravat Behera ..... Petitioner
Represented By Adv. -
Prafulla Kumar
Mohapatra
-versus-
1) State Of Odisha ..... Opposite Parties
2) Principal Chief Conservator Of Represented By Adv. -
Forest
Mr.D.Mohapatra, ASC
3) Principal Chief Conservator Of
Forest, Wild Life And Chief Wild
Life Warden
4) Regional Chief Conservator Of
Forests-cum-field Director,
Satakosia Tiger Reserve
5) Divisional Forest Officer,
Satakosia Wild Life Division
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
Order No. 07.05.2024
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. Perused
the writ petition as well as documents annexed to thereto.
3. The present writ petition has been filed by the petitioner with
the following prayer :
"It is therefore, humbly 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
as per the Odisha Civil service (Rehabilitation
Assistance) Rules, 1990 which was prevalent at the
time of death of his father on 18.04.2015 and
submission of application on 17.02.2016 as has
been given to Malayananda Sethy, Biraja Sankar
Mahanta and others in the light of the judgment of
the Hon'be Apex Court rendered in the case of the
State of Madhya Pradesh and others vrs. Ashish
Awasthi reported in 2021(ii) OLR (SC) 1972 and
Malaya Nanda Sethy vrs. State of Orissa, Civil
Appeal No.4203 of 2022, disposed of on
20.05.2022 and thereby quash the decision vide
order dated 29.12.2022 under Annexure-7 as the
same is illegal, arbitrary and not in consonance
with the decision of the Hon'ble Apex Court;
ii) Pass such other order(s)/direction(s) as would be
deem fit and proper in the bona fide interest of
justice;"
4. It is submitted by the learned counsel for the Petitioner that the
father of the Petitioner while working as Ghariar Watcher under the
control of Divisional Forest Officer, Satkosia Wild Life Division,
Angul died in harness on 18.04.2015 leaving behind his legal heirs.
The Petitioner being one of the legal heirs with the consent of other
legal heirs, applied for appointment on compassionate ground by
submitting an application before the authority on 17.02.2016 under
OCS(RA) Rules, 1990. While considering the application of the
Petitioner for appointment on compassionate ground, the mother of
the Petitioner, declared unfit for Government job by the competent
Medical Board. He further contended that similarly situated persons
have been given appointment under compassionate ground. But
unfortunately the case of the Petitioner has not been considered.
Being aggrieved by such inaction of the Opposite Parties in not
considering the application of the Petitioner in accordance with law,
the present Petitioner has approached this Court by filing the present
Writ Petition.
5. In course of his argument, learned counsel for the Petitioner by
referring to the judgment in the case of Malaya Nanda Sethy vrs.
State of Orissa and others : reported in 2022(II) OLR(SC)-1,
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, submitted that
the father of the Petitioner having died and the application of the
Petitioner having been made much prior to the OCS(RA) Rule, 2020
came into force, the application of the Petitioner under Annexure-4
should have been considered under OCS(RA) Rule, 1990.
6. 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 order dated 17.12.2022 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, 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, State of Odisha and others vs. Bindu Sagar
Samantaray in W.A.No.810 of 2021 and Biswajit Swain v. State of
Odisha and others in W.P.(C) No.5214 of 2021. Relying upon the
aforesaid judgments, learned counsel for the petitioner submitted that
the application of the petitioner needs to be reconsidered in the light
of the judgment rendered by the Hon'ble Supreme Court as well as
this Court.
7. Learned Additional Government Advocate appearing for the
State, on the other hand, submits that during the pendency of the
application submitted by the petitioner for appointment under
rehabilitation assistance scheme, 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 authorities to consider
the grievance petition of the petitioner in accordance with law within
a stipulated period of time.
8. Considering the submissions made by the respective parties,
this Court deems it proper to dispose of the Writ Petition at the stage
of admission by setting aside the impugned order dated 29.12.2022
Annexure-7 and further remand the matter back to the Secretary,
Government of Odisha, Forest and Environment and Climate Change
Department, Opposite Party No.1 to reconsider the application of the
petitioner afresh in the light of the law laid down by the Hon'ble
Supreme Court in the case of Malaya Nanda Sethy, Debabrata
Tiwari, Suchitra Bal and Bindu Sagar Samabantaray and
Biswajit Swain (supra) and the petitioner is directed to approach the
Opposite Party No.1 along with certified copy of this order within a
period of two weeks from today. On appearance of the petitioner, the
Opposite Party No.1 shall do well to reconsider 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.
9. 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
RKS
Location: High Court of Orissa
Date: 09-May-2024 17:50:35
