Orissa High Court
Manoj Kumar Sa vs State Of Odisha And Others ..... ... on 25 June, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.16944 of 2025
Manoj Kumar Sa ..... Petitioner
Represented By Adv. -
Saroj Kumar
Padhy,g.banji, R.kedia,
S.pradhan, R.nayak
-versus-
State Of Odisha and others ..... Opposite Parties
Mr. S.K. Parhi, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
25.06.2025
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 be graciously pleased to:
i) Admit the writ application.
ii) Call for the record.
iii) Issue Rule Nisi calling upon the opposite
parties to show cause as to why the order of
rejection dated 07.02.2024 issued by the
Principal Secretary to Govt. Department of
Agriculture & Farmer Welfare Department,
Govt. of Odisha in rejecting the application
of the petitioner for consideration of
appointment under Rehabilitation
Assistance Scheme shall not be quashed
iv) If the opposite parties do not show cause
or show insufficient cause issue a writ in the
nature of certiorari or any other appropriate
writ/writs, order/orders, direction/directions
by quashing the order of rejection dated
07.02.2024 issued by the Principal
Secretary to Govt. Department of
Agriculture & Farmer Welfare Department,
Govt. of Odisha in rejecting the application
of the petitioner for consideration of
appointment under Rehabilitation
Assistance Scheme.
v) Issue a writ in the nature of mandamus or
any other writ/writs direction/directions
directing the opposite party No.1 ie.
Principal Secretary to Govt. Department of
Agriculture & Farmer Welfare Department,
Govt. of Odisha to issue appointment order
in favor of the petitioner under
Rehabilitation Assistance Scheme in place of
his deceased father according to his
qualification and further direction be given
to extend all financial and consequential
service benefits in terms of the law laid
down by the Supreme Court in the case of
Malaya Nanda Sethi Vrs. State of Orissa
and others: reported in 2022 (II) OLR
(SC)-1.
vi) And/or pass such other order/orders,
direction/directions as this Hon'ble Court
may deems fit and proper for the ends of
justice."
4. Learned counsel for the Petitioner at the outset contended that
the father of the Petitioner while working as Government servant
died in harness on 07.02.2013. The Petitioner being the legal heir of
the deceased Government employee applied for a job on
compassionate ground on 25.08.2023. He further submitted that the
application of the Petitioner was rejected vide order dated
07.02.2024 under Annexure-6 on the ground that the Petitioner's
case was considered under OCS(RA) Rule, 2020 and as he was
found not eligible, the claim of the Petitioner for appointment on
compassionate ground has been rejected. Learned counsel for the
Petitioner further contended that in the meantime the OCS(RA) Rule
has been amended by virtue of the G.A. & P.G. Department dated
04.04.2025. In view of such amendment, the application of the
Petitioner is required to be considered under OCS (RA) Rule, 1990.
5. Learned counsel for the State on the other hand confirms the
fact that by virtue of the Notification dated 04.04.2025, Rule 6(9) of
2020 Rules has been amended in the meantime. In such view of the
matter, learned counsel for the State contended that he has no
objection in the event this Court directs the Opposite Party to
consider the application of the Petitioner in terms of Notification
dated 04.04.2025.
6. 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 documents annexed to the
writ petition, further keeping in view the date of death of the
deceased government employee, further keeping in view 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 of 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, and taking note of
the notification dated 04.04.2025, this Court deems it proper to
dispose of the writ petition at the stage of admission by directing the
Opposite Party No.1 to consider and dispose of the application of the
Petitioner in terms of the notification dated 04.04.2025 within a
period of three months from the date of communication of a certified
copy of today's order. The Opposite Party No.1 shall do well to
dispose of the representation of the Petitioner by passing a speaking
and reasoned order. The final decision so taken be communicated to
the Petitioner within ten days thereof.
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
Digitally Signed Page 4 of 4.
Location: High Court of Orissa, Cuttack
Date: 30-Jun-2025 17:45:01
