Orissa High Court
Hrudananda Dalpati vs State Of Odisha & Ors. ..... Opposite ... on 29 April, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.24680 of 2024
Hrudananda Dalpati ..... Petitioner
Represented By Adv. -
Swapnil Roy
-versus-
State of Odisha & Ors. ..... Opposite Parties
Represented By Adv. -
D. Lenka, A.G.A.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
29.04.2025
Order No.
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 Govt. Advocate for the State-Opposite Parties.
Perused the Writ Petition as well as the documents annexed
thereto.
3. The present Writ Petition has been filed by the Petitioner
with the following prayer :
"It is therefore prayed that this Hon'ble Court
may graciously be pleased to admit the writ petition
and issue Rule "NISI" to the Opp. Parties to show cause
as to;
(i) Why the impugned order dated 28.06.2024 passed by
the Opposite Party No. 2 under Annexure-8 in rejecting
the claim of the petitioner for compassionate
appointment in the facts and circumstances of the case
will not be declared as illegal and liable to be set
aside/quashed; and
(ii) Why the Opposite Party will not be directed to
provide compassionate appointment to the petitioner
under the OCS (RA) Rules, 1990 Rules within a
stipulated time;
And if the Opp. Parties do not show cause then the Rule
be made absolute by issuing appropriate writ /writs and
any other order as deem fit be passed."
4. Learned counsel for the Petitioner at the outset contended
that the father of the Petitioner, while continuing as a
Horticulture Overseer under the Opposite Party No.3, died in
harness on 11.09.2016. After the death of the deceased govt.
employee, the Petitioner being one of the legal heirs applied for a
job under the OCS (RA) Rules, 1990 along with the relevant
certificates and documents. Although such application was
forwarded to the office of the Opposite Party No.2, however, the
Opposite Party No.2 did not take any decision on such
application. Being aggrieved by such inaction, the Petitioner
initially approached this Court by filing W.P.(C) No.13081 of
2024.
5. The abovenoted writ application was considered and
disposed of by this Court vide order dated 21.05.2024 with a
direction to the Opposite Party No.1 and 2 to consider the
application of the Petitioner for appointment on compassionate
ground taking into consideration the judgment in Malaya Nanda
Sethy vrs. State of Orissa and others : reported in 2022(II)
OLR(SC)-1 decided by the Hon'ble Supreme Court as well as
State of West Bengal-v.-Debabrata Tiwri passed in Civil Appeal
No.8842 of 2022 decided on 3rd of March, 2023 reported in
(2023 (3) SCALE-557 decided by the Hon'ble Supreme Court
and the judgment of this Court 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 within
a period of two months.
5. After disposal of the above noted writ application, the
Petitioner again approached the Opposite Party No.2 along with
a copy of order dated 21.05.2024. Learned counsel for the
Petitioner at this juncture further contended that the application
of the Petitioner for compassionate appointment has been
rejected by the Opposite Party No.2 i.e. the Director, Directorate
of Horticulture, Odisha, Bhubaneswar by referring to the
provisions contained in OCS (RA) Rules, 2020. Being aggrieved
by such rejection order dated 28.06.2024 under Annexure-8, the
Petitioner has again approached this Court by filing the present
writ application.
6. In course of his argument, learned counsel for the
Petitioner contended that the impugned rejection order dated
28.06.2024 is contrary to the direction given by this Court in the
earlier writ application dated 21.05.2024. He further contended
that although a specific direction was given to consider the case
of the Petitioner under the OCS (RA) Rules, 1990 keeping in
view the judgments referred to hereinabove. However, the
Opposite Party No.2 without taking into consideration the
aforesaid direction of this Court has rejected the application by
referring the OCS (RA) Rules, 2020. He further contended that
in the meantime, this Court in the case of Biswajit Swain vs.
State of Odisha and others in W.P.(C) No.5214 of 2021 decided
on 31.10.2023 declared the provisions in the shape of Rule-6 (9)
of the OCS (RA) Rules, 2020 is ultra vires. Consequently, the
State Govt. has come up with a notification dated 04.04.2025 and
by virtue of such notification the aforesaid provision has been
suitably amended. Thus, learned counsel for the Petitioner
contended that the case of the Petitioner is required to be
reconsidered in terms of the notification dated 04.04.2025.
7. Learned Additional Govt. Advocate on the other hand
contended that although the Opposite Party No.2 has not
committed any illegality in rejecting the case of the Petitioner
vide his order dated 28.06.2024 under Annexure-8. However, in
the event this Court directs the Opposite Party No.2 to reconsider
the case of the Petitioner in the light of new notification of the
Govt. of Odisha dated 04.04.2024, then he will have no objection
to the same.
8. Having heard the learned counsels appearing for the
respective parties as well as on a careful examination of the
background facts of the present case as well as keeping in view
the judgments referred to hereinabove and the notification of the
G.A. & P.G. Dept. dated 04.04.2025, this Court deems it proper
to set aside the impugned rejection order dated 28.06.2024 under
Annexure-8. Accordingly, the same is hereby quashed. Further, it
is directed that the case of the Petitioner for appointment on
compassionate ground be reconsidered in terms of the judgments
referred to hereinabove as well as the notification of the State
Govt. dated 04.04.2025 within a period of three months from the
date of communication of certified copy of this order by the
Petitioner. The final decision so taken by the Opposite Party
No.2 be communicated to the Petitioner within a period of ten
days from the date of taking such a decision.
9. With the aforesaid observations/ directions, the writ
application stands disposed of.
Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
Anil
Designation: Junior Stenographer
Location: High Court of Orissa
Date: 30-Apr-2025 11:16:36
