Orissa High Court
Sankalp Kumar Mahananda vs State Of Odisha And Others ..... ... on 17 June, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.15881 of 2025
Sankalp Kumar Mahananda ..... Petitioner
Represented By Adv. -
Nihal Rath
-versus-
State Of Odisha and others ..... Opposite Parties
Mr. C.M. Singh, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
17.06.2025
Order No.
01. 1. This matter is taken up through Hybrid mode.
2. Heard learned counsel for the Petitioner as well as learned
counsel for the State-Opposite Parties. Perused the writ application as
well as the documents annexed thereto.
3. The Petitioner has filed the present writ application with the
following prayer:
"It is, therefore, most humbly prayed that this
Hon'ble Court may graciously be pleased Admit
the writ application, to issue rule Nisi calling
upon the opposite parties to show cause as to
why the prayers made hereunder be not allowed,
Upon showing insufficient cause/ no cause make
the said Rule absolute, Issue writ/ writs in the
nature of
i) Mandamus directing the opp. Parties to issue
appointment order in favor of the
petitioner under OCS (RA) Rules, 1990
within a time stipulation as fixed by this
Hon'ble Court keeping in view the
judgements of this Hon'ble Apex Court and
notification of the Government of Odisha
dtd.04.04.2025
ii) And/or may pass such other writ/writs,
order/orders, direction/directions as this
Hon'ble Court may think fit and proper for
the ends of justice."
4. It is stated by learned counsel for the Petitioner that the father
of the present Petitioner who was working as a Senior Clerk in the
office of the Opposite Party No.4, died in harness on 27.09.2015
leaving behind his legal heirs including the present Petitioner.
Initially the mother of the Petitioner submitted an application on
01.07.2016 showing her unwillingness to do any duty and
recommending the case of the present Petitioner for appointment
under the Rehabilitation Assistance Scheme. He further submitted
that the application for appointment on compassionate ground was
kept pending for a long time. In the meantime the OCS (RA) Rules,
1990 was amended by virtue of the new Rules of the year 2020. In
course of his argument, learned counsel for the Petitioner further
submitted that the case of the Petitioner is covered by 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 as well as the
judgment of this Court in Bindusagar Samantaray v. State of
Odisha & Ors. in W.A. No.810 if 2021 decided on 25.09.2023 and in
Biswajit Swain v. State of Odisha and others in W.P.(C) No.5214 of
2021 decided on 31.10.2023 and in the case of Suchitra Bal v. 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 in terms of
Notification dated 04.04.2025 of the G.A. & P.G. Department under
Annexure-17 to the writ petition.
5. Learned counsel for the State on the other hand contended that
the application of the Petitioner, as it appears, is still pending before
the Opposite Parties. In such view of the matter, learned counsel for
the State further contended that in the event this Court directs the
Opposite Parties to consider the case of the Petitioner in accordance
with law within a stipulated period of time, he will have no objection
to the same.
6. Considering the submissions made by the learned counsels
appearing for the respective parties, on a careful analysis of their
submission and on a close scrutiny of the document annexed to the
writ petition, further keeping in view the settled legal position, this
Court deems it proper to dispose of the writ petition at the stage of
admission by directing the Opposite Party No.4 to consider the case
of the Petitioner for appointment on compassionate ground under the
OCS (RA) Rules, 1990, keeping in view the judgments referred to
hereinabove as well as 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 today's order. The final
decision so taken be communicated to the Petitioner within two
weeks thereafter.
7. With the aforesaid observations/directions, the writ application
stands disposed of.
Issue urgent certified copy of this order as per Rules.
( Aditya Kumar Mohapatra )
Judge
S.K. Rout
Location: High Court of Orissa, Cuttack
Date: 18-Jun-2025 11:21:24 Page 3 of 3.
