Orissa High Court

Sajaya Laxmi Dash @ vs ) Commissioner Cum Secy on 2 July, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                              WP(C) No.17478 of 2025
            Sajaya Laxmi Dash @            .....      Petitioner
            Tripathy
                                                                 Represented By Adv. -
                                                                 Pradeep Kumar
                                                                 Mahapatra

                                             -versus-
            1) Commissioner Cum Secy,                    .....       Opposite Parties
            Health And Family Welfare
            Dept,bbsr
            2) Chief District Medical And Public                  Represented By Adv. -
            Health Officer, Jagatsinghpur                         Mr. J.K.Bal, A.G.A.
            3) Superintendent, Community Health
            Centre, Manijanga, Jagatsinghpur

                                  CORAM:
                    THE HON'BLE MR. JUSTICE ADITYA KUMAR
                                MOHAPATRA

                                                   ORDER

Order No.                                          02.07.2025


    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 Government Advocate for the State. Perused the writ petition as well as documents annexed thereto.

3. The present writ petition has been filed by the petitioner with the following prayers:

"In view of the aforesaid facts and circumstances as narrated above it is prayed that this Hon'ble Court be graciously be pleased to admit the Writ Petition and

issue Rule Nisi or any other appropriate Writs against the 0pp. parties calling upon the opposite parties to show cause as to why they shall not be directed to appoint the petitioner under the Rehabilitation Assistance Scheme by applying the provisions of Orissa Civil Service (Rehabilitation Assistance) Rules1990; And, if the 0pp. Parties failed to show cause or show insufficient cause, make the said Rule absolute by directing the 0pp.. parties to appoint the petitioner under the Rehabilitation Assistance Scheme by applying the provisions of Orissa Civil Service (Rehabilitation Assistance) Rules 1990. And/or issue any other appropriate Writ/Writs; order/orders, direction/directions as deem fit and proper in the fitness of the case."

4. It is stated by the learned counsel for the petitioner that initially one Mayadhar Tripathy who was working as Regular Attendant under the Govt. of Odisha, died on 04.03.2016. Thereafter the son of the government employee was given a contractual appointment on 22.03.2016. Learned counsel for the petitioner at this juncture contended that the son of the government employee who was working on contractual basis as an Attendant also passed away on 20.07.2018 leaving behind the present petitioner who happens to be the wife of the Malaya Kumar Tripathy. Although the application for appointment on compassionate ground was submitted on 15.07.2019, however the same has not been considered by the Opposite Parties. Learned counsel for the petitioner further submitted that although the application submitted by the petitioner was forwarded to the government however no decision has been taken on such application of the petitioner for appointment on compassionate ground.

5. In course of his argument learned counsel for the petitioner further referring to the judgment of the Hon'ble Supreme Court in Malaya Nanda Sethy v. State of Orissa and others: reported in

2022(II) OLR (SC)-1, Suchitra Bal vs. State of Odisha in W.P.(C) No.2081 of 2021 decided on 27.06.2023 as well as Bindusagar Samantaray vs. State of Odisha and Ors. by a Division Bench of this Court in W.A.No.810 of 2021 and in the case of Biswajit Swain vs. State of Odisha and others in W.P.(C) No.5214 of 2021 as well as the notification of G.A. & P.G. Department dated 04.04.2025 contended that the application of the petitioner is required to be considered under notification dated 04.04.2025. In such view of the matter, learned counsel for the petitioner contended that the inaction of the Opposite Parties in considering the case of the petitioner pursuant to the notification dated 04.04.2025 as well as the judgment of this Court is highly illegal and arbitrary.

6. Learned counsel for the State on the other hand contended that since the application of the petitioner it is stated to be pending before the government the present writ application can be disposed of by directing the Competent Authority i.e. Opposite Party No.1 to consider the case of the petitioner in terms of the latest notification of the G.A. & P.G. Department, Govt. of Odisha dated 04.04.2025 and he will have no objection to the same.

7. Having regard to the submissions made by the learned counsels appearing for the Parties, on a careful examination of the background facts, further keeping in view the nature of the grievance involved in the present writ application, this Court deems it proper to dispose of the writ application at the stage of admission by directing the petitioner to approach the Opposite Party No.1 along with a copy of today's order within two weeks from today. In such eventuality, the Opposite Party No.1 shall consider the case of the petitioner for appointment on compassionate ground strictly in term of notification

dated 04.04.2025 as well as the judgments referred to hereinabove and redress the grievance of the petitioner by passing a speaking and reasoned order within a period of three months from the date of communication of a certified copy of today's order. The final decision so taken be communicated to the petitioner within ten days thereafter.

8. With the aforesaid observation/direction, the writ petition is disposed of.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra)

Judge Rubi