Orissa High Court
Ankita Sahani vs The Secy on 10 February, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.791 of 2025
Ankita Sahani ..... Petitioner
Represented By Adv. -
Chitra Padhi
-versus-
The Secy, Panchayat Raj Dept, ..... Opposite Parties
Bbsr & Ors.
Represented By Adv. -
B.K. Sahu, A.G.A.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
10.02.2025
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 :
"Under the circumstances, it is respectfully prayed
that the Hon'ble Court may graciously be pleased to issue a
rule Nisi calling upon the opposite party (ies) to show cause
as to why the order at Annexure - 17 dated 10.02.2023 and
Annexure-21 dated 23.02.2024 shall not be quashed and in
the event that it is quashed direct the opposite party (ies) to
pass an appropriate order(s) granting the benefits of
appointment under the Rehabilitation Assistance of the
Government of Odisha;
And further be pleased to pass any other order(s) as
deemed fit and proper;"
4. It is stated by learned counsel for the Petitioner that the father
of the Petitioner, namely, Rama Kanta Sahani, who was working as
Ex-PEO in Khajuripada Block, died in harness on 29.12.2014. She
further contended that after the death of her father, the Petitioner with
the consent of other legal heirs applied for a job on compassionate
ground under the OCS (RA) Rules, 1990. However, due to the
inaction on the part of the Opposite Parties, such application could
not be considered. As a result, the Petitioner was compelled to
approach this Court earlier by filing W.P.(C) No.23953 of 2023. This
Court vide order dated 09.08.2023 disposed of the said writ
application thereby specifically directing the Opposite Party No.3 to
consider the application of the Petitioner in the light of the law laid
down of the Hon'ble Supreme Court in the case of Malaya Nanda
Sethy vs. State of Orissa and others reported in 2022(II) OLR (SC)-
1 & State of West Bengal vs. Debabrata Tiwari and others Etc.
reported in 2023 (III) SCALE 557.
5. In course of her argument, learned counsel for the petitioner
further contended that after disposal of the earlier writ application,
the Petitioner approached the Opposite Parties by filing a
representation on 31.08.2023. She further submitted that such
representation has been rejected vide order dated 23.02.2024 taking
the very same ground on which it was rejected earlier. Further, it is
alleged that the Opposite Party No.2 has not taken a note of the order
dated 09.08.2023 passed in W.P.(C) No.23953 of 2023. On such
ground, learned counsel for the petitioner submitted that the rejection
order under Annexure-21 is unsustainable in law and that the same is
contrary to the law laid down by the Hon'ble Supreme Court as well
as this Court.
6. Learned counsel for the State on the other hand contended that
pursuant to order dated 09.08.2023 passed in W.P.(C) No.23953 of
2023 under Annexure-18, the Opposite Party No.2 has taken a
decision. She further contended that in the event the Petitioner feels
aggrieved by such order dated 23.02.2024, it is open to the Petitioner
to challenge the same. However, she further contended that in view
of the G.A. & P.G. Dept. Notification dated 05.11.2016 as well as the
subsequent notification, the case of the petitioner is not covered
under the OCS(RA) Rules, 1990. In such view of the matter, learned
counsel for the State submitted that the Opposite Party No.2 has not
committed any illegality in rejecting the representation of the
petitioner under Annexure-21 to the writ application.
7. Having heard the learned counsels appearing for the respective
parties and on a careful consideration of their submission as well as
the background facts of the present case and further on a close
scrutiny of the impugned rejection order dated 23.02.2024, this Court
observes that the same has been rejected mechanically without
considering the judgments of the Hon'ble Supreme Court Malaya
Nanda Sethy's case (supra) & Debabrata Tiwari's case (supra). On a
careful examination of the law laid down by the Hon'ble Supreme
Court Malaya Nanda Sethy's case (supra) as well as by this Court in
Biswajit Swain's case (supra) and by a Division Bench of this Court
in Bindusagar Samantaray's case (supra), the Rule-6(9) of the
OCS(RA) Rules, 2020 has been held ultra vires. Therefore, the
application of the Petitioner was pending since 2015 should have
been considered by taking into consideration the fact that the law is
well settled that all applications made prior to the date on which the
new rule came into the force are required to be considered under the
old rule i.e. OCS(RA) Rules, 1990. In such view of the matter, this
Court is of the view that the order dated 23.02.2024 under Annexure-
21 is not in terms of the judgment of the Hon'ble Supreme Court as
well as this Court. In such view of the matter, this Court has no
hesitation in setting aside the order dated 23.02.2024 under
Annexure-21. Accordingly, the same is hereby set aside. Further, the
matter is remanded back to the Opposite Party No.2 to consider the
matter afresh by taking into consideration the law laid down by the
Hon'ble Supreme Court Malaya Nanda Sethy's case (supra) as well
as by this Court in Biswajit Swain's case (supra) and by a Division
Bench of this Court in Bindusagar Samantaray's case (supra) 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 two weeks from the date of taking such a decision.
8. With the aforesaid observations/ directions, the writ
application stands disposed of.
9. Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
Anil
Location: High Court of Orissa
