Orissa High Court
Jugal Kishore Nayak vs State Of Odisha And Others ..... ... on 19 June, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.16203 of 2025
Jugal Kishore Nayak ..... Petitioner
Represented By Adv. -
Soubhagya Kumar Dash
-versus-
State Of Odisha and others ..... Opposite Parties
Mr. J.K. Bal, AGA
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
19.06.2025
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:
"In view of the facts and circumstances stated
above, the petitioner most respectfully prays that
this Hon'ble Court may graciously be pleased to:
a) Issue a writ in the nature of Mandamus, or any
other appropriate writ, directing the Opposite
Parties to consider the case of the petitioner
under the Rehabilitation Assistance Scheme, in
accordance with law;
b) Quash the impugned order bearing No. 36769
dated 30.07.2022;
c) Pass any other order(s) or direction(s) as this
Hon'ble Court may deem fit and proper in the
facts and circumstances of the case;"
4. Learned counsel for the Petitioner at the outset contended that
the father of the Petitioner initially joined as a Sweeper in the year
1983 under Opposite Party No.2. While working as such, the father
of the Petitioner died in harness on 12.08.2012 leaving behind his
legal heirs including the present Petitioner. After the death of the
government employee, the Petitioner, being one of the legal heirs and
as such eligible to be appointed on compassionate ground, submitted
an application under the OCS (RA) Rules, 1990 on 30.11.2012.
However, no steps were taken by the Opposite Parties to process the
application of the Petitioner for several years. Finally, the application
of the Petitioner has been rejected vide order dated 30.07.2022 by
applying provisions of the OCS (RA) Rules, 2020.
5. In the aforesaid context, learned counsel for the Petitioner
while challenging the impugned rejection order under Annexure-8
contended that the law regarding compassionate appointment has
been squarely well settled in view of 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. He further contended that recently the G.A.
& P.G. Department has come up with a circular dated 04.04.2025
under which a decision has been taken to consider all pending
applications by applying the OCS (RA) Rules, 1990.
6. Learned counsel for the State on the other hand contended that
although he has no specific instruction in the matter, however, taking
into consideration the date of death of the government employee the
case of the Petitioner is required to be considered in terms of the
G.A. & P.G. Department Resolution dated 04.04.2025. He further
contended that in the event the matter is remanded back to the
authorities for reconsideration in terms of the aforesaid Resolution,
he will have no objection to the same.
7. Considering the submissions made by the learned counsels
appearing for the respective parties, on a careful analysis of their
submissions and on a close scrutiny of the document annexed to the
writ petition, further keeping in view the fact that the date of death of
the government employee, i.e. 12.08.2012, this Court is of the
considered view that that case of the Petitioner is squarely covered by
the judgments referred to hereinabove as well as the Resolution of
the G.A. & P.G. Department dated 04.04.2025. In such view of the
matter, the impugned rejection order dated 30.07.2022 under
Annexure-8 is hereby quashed. Further, the matter is remanded back
to the Opposite Party No.2 to consider the case of the Petitioner
afresh in terms of the OCS (RA) Rules, 1990 as well as the G.A. &
P.G. Department Resolution dated 04.04.2025 within a period of
three months from the date of the Petitioner approaches the Opposite
party No.2 along with a copy of today's order. The Opposite Party
No.2 shall redress the grievance of the Petitioner by passing a
speaking and reasoned order. The final decision so taken be
communicated to the Petitioner within ten days thereafter.
8. 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
Digitally Signed Page 4 of 4.
Location: High Court of Orissa, Cuttack
Date: 23-Jun-2025 10:49:09
