Orissa High Court
Manoranjan Patra vs State Of Odisha And Others ..... ... on 14 July, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.18930 of 2025
Manoranjan Patra ..... Petitioner
Represented By Adv. -
Mr. Saroj Kumar Dash
-versus-
State of Odisha and others ..... Opposite Parties
Represented By Adv. -
Mr. Dayanidhi Lenka,
AGA
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
14.07.2025
Order No.
01. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. Heard learned counsel appearing for the Petitioner as well
as learned Additional Government Advocate appearing 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 prayers:
"It is, therefore, prayed that this Hon'ble
Court may graciously be pleased to admit this
Writ petition, issue notice to the Opp. parties,
call for the record and after hearing the parties
direction may kindly be given to the Opp.parties
to give appointment to the petitioner on
compassionate ground under Odisha Civil
Service (Rehabilitation Assistance) Rules as the
father of the petitioner passed away on
14.12.2015 while he was in service and working
as peon in the office of the Tahasildar,
Saharpada in the district of Keonjhar in the
interest of justice.
And to issue any other writ or writs,
direction or directions, order or orders as this
Hon'bie Court deems fit and proper."
4. It is stated by the learned counsel for the Petitioner that the
father of the Petitioner, who was working as a Peon in the office
of the Tahasildar, Saharpada in the district of Keonjahr, died in
harness on 14.12.2015 leaving behind the present Petitioner and
other legal heirs. Thereafter, one of the legal heirs with the
consent of other legal heirs submitted an application in the
prescribed format along with relevant documents for
appointment under the Rehabilitation Assistance Scheme on
12.05.2016. Learned counsel for the Petitioner further contended
that the application submitted by the present Petitioner for being
appointed on compassionate ground under the OCS (RA) Rules,
1990 is still pending for final consideration. Being aggrieved by
such inaction of the Opposite Parties, the Petitioner has
approached this Court by filing the present writ petition.
5. In course of his argument, learned counsel for the
Petitioner referred to 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); 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). He further submitted that in
the meantime, the new rule of the year 2020 has already been
amended by virtue of the Notification dated 04.04.2025 of the
G.A. & P.G. Department, Government of Odisha. In such view
of the matter, learned counsel for the Petitioner submitted that
the case of the Petitioner is required to be considered in terms of
the Notification dated 04.04.2025 of the G.A. & P.G.
Department, Government of Odisha.
6. Learned counsel for the State, on the other hand, submitted
that he has no instruction as to whether any final decision has
been taken on the application of the Petitioner filed under the
provision of OCS (RA) Rules, 1990. However, he further
contended that in the event no final decision has been taken, he
will have no objection if the Opposite Parties are directed to
consider the application of the Petitioner under Annexure-3 to
the writ petition in accordance with law and within a stipulated
period of time.
7. Having heard learned counsels for the respective parties,
on a careful analysis of the materials on record as well as 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 Notification dated 04.04.2025 of the
G.A. & P.G. Department, Government of Odisha, this Court
deems it proper to dispose of the writ petition at the stage of
admission with a direction to the Opposite Party No.3 to
consider the application of the Petitioner under Annexure-3 in
accordance with law and keeping view the judgments referred to
hereinabove as well as the Notification dated 04.04.2025 of the
G.A. & P.G. Department, Government of Odisha and dispose of
such application by passing a speaking and reasoned order
within a period of three months from the date of communication
of a certified copy of this order. The final decision so taken on
such application be communicated to the Petitioner within ten
days thereafter.
8. With the aforesaid observation and direction, the writ
petition stands disposed of.
( A.K. Mohapatra )
Judge
Debasis
