Orissa High Court
Binay Kumar Thakur vs ) State Of Odisha ..... Opposite Parties on 25 June, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.16717 of 2025
Binay Kumar Thakur ..... Petitioner
Represented By Adv. -
Bidisha Sahu
-versus-
1) State Of Odisha ..... Opposite Parties
2) Superintendent Of Police Represented By Adv. -
3) Inspector In Charge Ms. B.Sahu, A.G.A.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
Order No. 25.06.2025
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-Opposite Parties.
Perused the writ application as well as documents annexed thereto.
3. The Petitioner has filed the present writ application with the
following prayer:
"Under the above mention facts and circumstances of the
case the Hon'ble court may graciously be pleased to direct
the opp. parties to consider the case of the petitioner as
per the Odisha Civil Service (Rehabilitation Assistance)
rules 1990 read with amendment Rule-2016 and give
appointment to the petitioner in any post as per his
qualification.
And pass any other order/s or direction/s as this Hon'ble
court may deem just and proper."
4. It is stated by learned counsel for the petitioner that the father
of the petitioner who was working as a government servant died in
harness on 02.01.2015 leaving behind his legal heirs including the
petitioner. He further submitted that the petitioner submitted an
application on 16.12.2015 for appointment on compassionate ground
under the O.C.S.(R.A.) Rules, 1990. However such application
having been rejected vide the impugned order Annexure-7 dated
31.03.2021 by applying the provisions of the O.C.S.(R.A.) Rules,
2020. Being aggrieved by such order, the petitioner has approached
this Court by filing the present writ application. In course of her
argument learned counsel for the petitioner referred to the judgment
Hon'ble Supreme Court in Malaya Nanda Sethy vrs. State of Orissa
and others : reported in 2022(II) OLR(SC)-1, State of West Bengal-
v.-Debabrata Tiwri reported in (2023 (3) SCALE-557,Suchitra Bal
v. State of Odisha and others in W.P.(C) No.2081 of 2021 & batch
decided on 27.06.2023 and State of Odisha and others vs. Bindu
Sagar Samantaray in W.A.No.810 of 2021 as well as the judgment
of this Court in Biswajit Swain vs. State of Odisha and others in
W.P.(C) No.5214 of 2021. She further submitted that in the
meantime the G.A. & P.G. Department, Govt. of Odisha came up
with a resolution dated 04.04.2025 which requires that all pending
applications are to be considered as per the O.C.S.(R.A.) Rules,
1990. In such view of the matter, learned counsel for the petitioner
submitted that the impugned rejection order under Annexure-7 dated
31.03.2021 is unsustainable in law.
5. Learned counsel for the State on the other hand contended that
although she has no instruction in the matter, however keeping in
view the judgment of Hon'ble Supreme Court as well as of this Court
and further taking into consideration the notification dated
04.04.2025 of the G.A. & P.G. department the petitioner should have
approached the Opposite Parties again for reconsideration of her
claim for appointment on compassionate ground and that she will
have no objection in the event this Court directs the Opposite Parties
to consider such representation of the petitioner.
6. Having heard the learned counsels appearing for the parties, on
a careful examination of the background facts further keeping in view
the judgments referred to hereinabove as well as notification of the
G.A. & P.G. department Govt. of Odisha dated 04.04.2025, this
Court is inclined to quash the impugned rejection order annexure-7
dated 31.03.2021. Accordingly, the same is hereby quashed. Further
the matter is remanded back to the Opposite Party No.2 to consider
the matter afresh in terms of the judgments referred to hereinabove as
well as notification of the G.A. & P.G. department dated 04.04.2025
within a period of three months and the grievance of the petitioner
shall be redressed by passing a speaking and reasoned order. The
final order so passed be communicated to the petitioner within ten
days thereafter.
7. With the aforesaid observations and directions, the writ
application stands disposed of.
8. Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
Rubi
Location: OHC Page 3 of 3.
