Orissa High Court
Jayashree Barik vs State Of Odisha & Ors. ..... Opposite ... on 8 January, 2025
Author: Biraja Prasanna Satapathy
Bench: Biraja Prasanna Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No. 7093 of 2020
Jayashree Barik ..... Petitioner
Mr. P.V. Balakrishna, Advocate
-versus-
State of Odisha & Ors. ..... Opposite Parties
Mr. C.K. Pradhan, AGA
CORAM:
THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
08.01.2025
1. This matter is taken up through hybrid mode.
2. Heard Mr. P.V. Balakrishna, learned counsel appearing for the
Petitioner and Mr. C.K. Pradhan, learned Addl. Govt. Advocate
appearing for the Opp. Parties.
3. The present writ petition has been filed inter alia with the
following prayer:-
"It is therefore most humbly prays that this Hon'ble Court may
graciously be pleased enough to issue Rule Nisi calling upon
the opposite parties to show cause as to why:
(i) The impugned order vide Annexure-7 shall not be quashed;
and
(ii) The application vide Annexure-5 & 8 shall not be consider and
direction be given to appoint the petitioner under
Rehabilitation Assistance Scheme within a stipulated time;
And pass such other order/orders, direction/directions as
would deem fit and proper under the facts and circumstances
of the case;
And for this act of kindness the Petitioner as in duty bound
shall ever pray."
4. Learned counsel appearing for the Petitioner contended that
claim of the Petitioner to get the benefit of appointment under the
provisions of Rehabilitation Assistance Scheme was rejected vide
the impugned communication dtd.22.02.2013 under Annexure-7 on
the ground that Petitioner is the married daughter of the deceased
employee.
4.1. It is contended that the issue with regard to claim of married
daughter to get the benefit of appointment is no more res integra in
view of the decision of this Court rendered in the case of
Khirabadibala Behera Vs. Orissa Administrative Tribunal,
Cuttack & Ors.
4.2. It is also contended that placing reliance on the said decision of
this Court in the case of Kshirabadibala Behera, similar claim was
allowed by this Court vide order dtd.01.02.2024 in W.P.(C) No.
1628 of 2024. Stand taken in Para 4 & 6 of the said order reads as
follows:-
"4. Learned counsel for the Petitioner contended that the
issue with regard to extension of benefit in favour of married
daughter is no more res integra in view of the decision
passed by this Court on 24.08.2022 in W.P.(C) No.14945 of
2015 in the case of Kshirabadi Bala Behera Vrs. Orissa
Administrative Tribunal, Cuttak and Others.
6. Having heard learned counsel for the parties and
considering the submissions made, this Court while disposing
the Writ Petition quash the order dated 28.12.2023 under
Annexure-12. While quashing the same, this Court remits the
matter to O.P. No.3 to take a fresh decision on the claim of
the petitioner to get the benefit of appointment in the light of
the judgment passed by this Court in the case of Kshirabadi
Bala Behera as cited (supra). Such a fresh decision be taken
within a period of 6 (six) weeks from the date of receipt of
this order."
5. Mr. C.K. Pradhan, learned Addl. Govt. Advocate also does not
dispute the contention raised by the learned counsel for the
Petitioner and the decision rendered in the case of Kshirabadibala
Behera.
6. Having heard learned counsel appearing for the Parties and
considering the submissions made and taking into account the
ground of rejection of Petitioner's claim that she is the married
daughter of deceased employee, this Court placing reliance on the
decision in the case of Kshirabadibala Behera, is inclined to quash
the rejection of the Petitioner's claim so made by Opp. Party No. 2
on 22.02.2013 under Annexure-7. While quashing the same, this
Court directs Opp. Party No. 2 to take a fresh decision on the claim
of the Petitioner in the light of the Judgment in the case of
Kshirabadibala Behera as cited (supra). Such a fresh decision be
taken within a period of two (2) months with due intimation to the
Petitioner.
7. The writ petition is disposed of accordingly.
(BIRAJA PRASANNA SATAPATHY)
Judge
Sneha
Location: High Court of Orissa, Cuttack
