Abhishek Das vs Balwant Singh
2025 Latest Caselaw 7582 Ori

Orissa High Court

Abhishek Das vs Balwant Singh on 25 April, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                            CONTC No.3019 of 2024
            Abhishek Das                .....        Petitioner
                                                           Represented By Adv. -
                                                           Mahes Das

                                         -versus-
            Balwant Singh, I.A.S. & Ors.         .....          Opposite Parties
                                                           Represented By Adv. -
                                                           Dayananda Mohapatra,
                                                           Sr. Adv. for the B.D.A.

                                                           Along with

                                                           Pranab Singhdeo, Adv.

                                  CORAM:
                    THE HON'BLE MR. JUSTICE ADITYA KUMAR
                                MOHAPATRA

                                          ORDER

25.04.2025

Order No.

02. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2. Heard Mr.Das, learned counsel for the Petitioner as well as Mr.D.Mohapatra, learned Senior Counsel along with Mr.P.Singhdeo, learned counsel for the B.D.A.

3. It is not disputed at bar that the Opposite Party-Contemnor i.e. B.D.A. follows the OCS(RA) Rules for giving appointment under the Rehabilitation Assistance Scheme to the family members of the deceased employees. The writ application preferred by the Petitioner was disposed of 01.12.2023 with a direction to the Opposite Parties to consider the case of the Petitioner in terms of the judgment of the

Hon'ble Supreme Court in Malaya Nanda Sethy-v.-State of Orissa and others reported in 2022 (II) OLR(SC)-1 and in State of West Bengal-v.-Debabrata Tiwari reported in 2023 SCC OnLine SC 219. Although the State-Opposite Parties have preferred a writ appeal assailing order dated 01.12.2023, however, in the meantime the State of Odisha has already amended the OCS(RA) Rules, 2020 in view of the notification dated 04.04.2025. Specifically, Rule-6(9) of the OCS(RA) Rules, 2020 has been amended thereby removing the embargo in considering the pending applications. As such, there is no legal impediment to consider the application of the Petitioner despite pendency of the writ appeal.

4. The present contempt application is being disposed of on the request of the learned counsel for the Contemnors by granting them further three months' time to consider the case of the Petitioner in terms of the Amended Rules as well as the notification dated 04.04.2025, failing which, it will be construed to be a deliberate and wilful violation of this Court's order.

5. Accordingly, the CONTC stands dropped.

( A.K. Mohapatra ) Judge Anil

Designation: Junior Stenographer

Location: High Court of Orissa Date: 29-Apr-2025 15:11:06