Orissa High Court
Gitanjali Patra vs State Of Odisha & Ors. ..... Opposite ... on 20 February, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.5265 of 2025
Gitanjali Patra ..... Petitioner
Represented By Adv. -
Prasanta Kumar Joshi
-versus-
State Of Odisha & Ors. ..... Opposite Parties
Represented By Adv. -
S.K. Parhi, A.S.C.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
20.02.2025
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 Standing Counsel 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, most humbly prayed that this Hon'ble
Court may be pleased to issue Rule Nisi to the Opposite
Parties as to why direction shall not be issued to quash the
impugned Order No.5872 18.10.2023 and impugned Order
No. No.4936 dated 23.08.2024 of Superintending Engineer,
Balangir O.P.No.5 at Annexure-1(Series) and to pass order
of appointment to the Petitioner the wife and legal heir of
Hrudananda Nidhi Patra, the deceased Govt. Employee
under Rule-1990 in force on the date of death of the Govt.
Servant and on the date of Application of the Petitioner as
decided in this Hon'ble Court in W.P.(C) No.5214 of 2021
in Biswajit Swain -Vrs- State of Odisha along with a batch
of cases. This case is squarely a covered case to the case of
Malayananda Sethy -Vrs -State of Odisha and others
decided in the Hon'ble Apex Court and reported in AIR (SC)
2836:2022(11) OLR (SC) which has got finality and many
other Judgments delivered by the this Hon'ble Court taking
the Rule-1990 in force on the date of Application.
And /or pass such order /orders, direction/directions
as this Hon'ble Court may deem fit and proper for the end of
Justice."
4. It is stated by learned counsel for the Petitioner that the
husband of the Petitioner, namely, Hrudananda Nidhi Patra joined in
govt. service on 08.09.1992. While discharging his duties as govt.
servant, the husband of the Petitioner died in harness on 18.07.2018
leaving behind his legal heirs including the present Petitioner. He
further contended that after the death of the govt. servant, the present
Petitioner being the wife with the consent of other legal heirs made
an application for appointment on compassionate ground under the
OCS (RA) Rules, 1990 on 29.04.2019 which is within the time
stipulated under the OCS (RA) Rules, 1990. Learned counsel for the
Petitioner further contended that the Opposite Parties sat over the
matter for several years and finally on 18.10.2023 the application of
the Petitioner has been rejected by referring to the G.A. & P.G. Dept.,
Govt. of Odisha notification dated 17.02.2020. Being aggrieved by
such rejection of her application for appointment on compassionate
ground, the Petitioner has approached this Court by challenging the
order dated 18.10.2023 under Annexure-1 o the writ application.
5. In course of his argument, learned counsel for the Petitioner
submitted that the G.A. & P.G. Dept., notification dated 17.02.2020
relates to OCS (RA) Rules, 2020. He further contended that in view
of the judgment 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 as well as 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 and the
judgment of this Court in Biswajit Swain vs. State of Odisha and
others in W.P.(C) No.5214 of 2021 decided on 31.10.2023, the case
of the Petitioner should have been considered under the OCS (RA)
Rules, 1990 as amended up to the year 2016 when the husband of the
Petitioner died and an application was made for appointment on
compassionate ground. Further, referring to the judgment in Biswajit
Swain's case (supra), learned counsel for the Petitioner contended
that this Court has already held that the provisions contained in Rule-
6(9) of the OCS (RA) Rules, 2020 is ultra vires under Article-14 of
the Constitution of India. In such view of the matter, learned counsel
for the Petitioner contended that the order in rejecting the application
of the Petitioner for appointment on compassionate ground is
unsustainable in law and accordingly, the same should be quashed.
6. Learned counsel for the State on the other hand contended that
the Opposite Parties have not committed any illegality in rejecting
the application of the Petitioner. He further contended that in view of
the OCS (RA) Rules, 2020 which has superseded the previous rule,
all pending application were to be considered under the new rules of
the year, 2020. In such view of the matter, learned counsel for the
State submitted that the Opposite Parties have not committed any
illegality in rejecting the application of the Petitioner by applying the
notification dated 17.02.2020. Accordingly, it was prayed that the
writ application is devoid of merit, and the same liable to be
dismissed.
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 18.10.2023, this Court
observes that the application of the petitioner has been rejected only
be referring to the notification dated 17.02.2020. Moreover, the
impugned rejection order does not disclose any ground on which the
application has been rejected. Therefore, this Court has no hesitation
in holding that the impugned order under Annexure-1 dated
18.10.2023 is unsustainable in law. Accordingly, the same is hereby
set aside. Further, the matter is remanded back to the Opposite Party
No.5 to consider the application of the Petitioner for appointment on
compassionate ground afresh by applying the provisions under the
OCS (RA) Rules, 1990 as amended up to the year 2016. Further, the
application of the Petitioner shall be considered and disposed of by
passing a speaking and reasoned order taking into consideration the
judgments referred to hereinabove 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.5 be
communicated to the Petitioner within a period of ten days 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
Date: 21-Feb-2025 14:49:29
