Orissa High Court
A. Manikantha Das vs State Of Odisha And Others ..... ... on 10 July, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.18349 of 2025
A. Manikantha Das ..... Petitioner
Represented By Adv. -
Mr. Kulada Nanda Das
-versus-
State of Odisha and others ..... Opposite Parties
Represented By Adv. -
Mr. C.M. Singh, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
10.07.2025
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 Petitioner has filed the present Writ Petition with the
following prayer:
"In view of the fact and in the
circumstances stated above it is humbly prayed
that the Honble Court may graciously be pleased
to admit the writ petition, call for the records of
the case and issue Rule NISI calling upon the
Opp. parties to show cause as to why the
impugned rejection order dtd. 10.09.24 as at
Annexure-6 shall not be quashed and as to why
the petitioner shall not be appointed as per the
OCS(RA) Amendment Rules 2025 for giving him
appointment in any post on compassionate
ground as provided in RA Rules, 1990 and if the
Opp. Parties fail to show cause or show
insufficient cause the said rule be made absolute
by issuing appropriate writ,
And may pass any order Writ/s Direction/s
Order/s as may be deemed fit and proper in the
circumstances of the case."
4. It is stated by the learned counsel for the Petitioner that the
father of the Petitioner, who was working as a F.O. under the
control of S.P., Berhampur, died prematurely on 27.05.2019
leaving behind the present Petitioner and other legal heirs. He
further submitted that at the time of death of the Government
employee, the Petitioner was a minor. In the year 2024, the
Petitioner attained majority and, accordingly, he has submitted
an application under the OCS (RA) Rules, 1990 on 09.07.2024
before the authority. Further, it is submitted by the learned
counsel for the Petitioner that the application of the Petitioner
has been rejected by the authorities vide the impugned order
dated 10.09.2024 under Annexure-6. In this context, learned
counsel for the Petitioner submitted that in view of the judgment
of the Hon'ble Supreme Court in Malaya Nanda Sethy vrs.
State of Orissa and others: reported in 2022(II) OLR(SC)-1; as
well as the judgments of this Court in Suchitra Bal v. State of
Odisha and others (W.P.(C) No.2081 of 2021 & batch decided
on 27.06.2023); and in State of Odisha and others vs.
Bindusagar Samantaray (W.A.No.810 of 2021 & batch decided
on 25.09.2023); and in Biswajit Swain v. State of Odisha and
others (W.P.(C) No.5214 of 2021 decided on 31.10.2023), the
rejection of the Petitioner's claim for appointment on
compassionate ground is unsustainable in law.
5. Learned counsel for the Petitioner further contended that in
the meantime the G.A. & P.G. Department, Govt. of Odisha has
issued a Notification dated 04.04.2025 thereby amending the
Rule of the year 2020. In view of such amendment, all pending
applications where the death of the Government employee
occurred prior to the date when the new Rule, 2020 came into
force, are to be considered under OCS (RA) Rule, 1990.
6. Learned Additional Standing Counsel appearing for the
State-Opposite Parties, on the other hand, contended that he has
no instruction in the matter. He further contended that since the
Rule, 2020 has been amended by virtue of the G.A. & P.G.
Department Notification dated 04.04.2025, he will have no
objection in the event this Court directs the Opposite Parties to
consider the case of the Petitioner under OCS (RA) Rule, 1990.
7. Having heard learned counsels for the respective parties,
on a careful examination of the factual background of the
present case, further keeping in view the legal position as is
applicable to the case of the Petitioner and keeping in view the
G.A. & P.G. Department Notification dated 04.04.2025, this
Court has no hesitation to hold that the impugned rejection order
under Annexure-6 is unsustainable in law in view of the
Notification dated 04.04.2025 and the same is hereby quashed.
Accordingly, the matter is remanded back to the Opposite Party
No.4 to reconsider the case of the Petitioner in terms of the
O.C.S. (R.A.) Rules 1990, keeping in view the law laid down in
the above noted judgments and in terms of the Notification dated
04.04.2025 of the G.A.&P.G. Department within a period of
three months from the date of communication of a certified copy
of this order by the Petitioner. Further, it is made clear that the
application of the Petitioner shall be considered and disposed of
by passing a speaking and reasoned order. The final decision
which is likely to be taken by the Opposite Party No.4 be
communicated to the Petitioner within ten days thereafter.
8. With the aforesaid observation, the Writ Petition stands
disposed of.
( A.K. Mohapatra )
Judge
Debasis
