Orissa High Court
Prasanta Kumar Behera vs ) State Of Odisha ..... Opposite Parties on 5 March, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.32996 of 2024
Prasanta Kumar Behera ..... Petitioner
Represented By Adv. -
Manoj Kumar Panda
-versus-
1) State Of Odisha ..... Opposite Parties
2) Principal Chief Conservator Of Represented By Adv. -
Forest Ms.Babita Kumari
3) Regional Chief Conservator Of Sahoo, AGA
Forests, Berhampur Circle
4) Divisional Forest Officer,
Paralakhemundi Div
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
05.03.2025
Order No.
01. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. Heard learned counsel for the Petitioner as well as the
learned Additional Government Advocate. Perused the Writ
Petition as well as the documents annexed thereto.
3. The Petitioner has filed the present Writ Petition with the
following prayer:
" The petitioner therefore prayed that this
Hon'ble Court may graciously be pleased to admit
this writ petition issue rule NISI calling upon the
Opp.Parties to show cause as to why the
impugned office memo No.17205 dated
24.08.2023 and memo no.72 dated 05.01.2024
under Annexure-6 & 7 shall not be quashed and
they shall not be directed to give appointment to
the Petitioner under Rehabilitation assistance
Rule, 1990 which was in force at the relevant
point of time in the fact and circumstances of the
case within a stipulated period and if the
Opp.Parties are failed to show cause or show
insufficient cause make the said rule absolute by
issuing writ/writs in the fact and circumstances of
the case for the interest of justice.
And/or to pass such other order/orders,
direction/directions as this Hon'ble Court deem just
and proper in the fact of this case."
4. It is stated by the learned counsel for the Petitioner that
being aggrieved by the letter 19.09.2024 under Annexure-8
whereunder the Opposite Parties asked the Petitioner to submit
a fresh application in terms of the Notification of the G.A. & P.G.
Department dated 17.02.2020, the Petitioner has approached
Court by filing the present Writ Petition.
5. Learned counsel for the Petitioner further contended that in
view of the letter dated 19.09.2024, the Petitioner has been
asked to submit an application under OCS (RA) Rule, 2020. He
further contended that since the father of the Petitioner died in
harness on 18.02.2019 and the application having been made on
29.08.2019, both of which are prior to the date on which the new
Rule came into force, the application of the Petitioner should
have been considered under the OCS (RA) Rule, 2019 which is
amended in the year 2016. Learned counsel for the Petitioner
referred to the judgment of this Court in the case of Suchitra
Bal v. State of Odisha and others in W.P.(C) No.2081 of
2021 & batch decided on 27.06.2023, State of Odisha and
others vs. Bindu Sagar Samantaray in W.A.No.810 of 2021
and Biswajit Swain v. State of Odisha and others in
W.P.(C) No.5214 of 2021 decided on 31.10.2023. Further
learned counsel for the Petitioner submitted that this Court has
declared the provision of Section 6(9) of OCS (RA) Rules, 2020
to be ultra vires of Articles 14 & 16 of the Constitution of India. In
such view of the matter, learned counsel for the Petitioner
submitted that the letter dated 19.09.2024 under Annexure-8 is
illegal and arbitrary.
6. Learned Additional Government Advocate contended that
in view of the provisions under Rule 6(9) of the Rules, 2020the
Rule which was in force at the time of consideration of the
application of the Petitioner, the Rules, 2020 shall be applicable
to the case under consideration. In such view of the matter, the
Opposite Parties have asked the Petitioner to submit a new
application under OCS (RA) Rule, 2020 under Annexure-8. She
further contended that the judgment of this Court referred to
herein above has been challenged before the Hon'ble Supreme
Court by the State-Opposite Parties. On such ground, learned
Additional Government Advocate submitted that the Writ Petition
be dismissed.
7. Having heard learned counsel for the respective parties, on
careful examination of the submissions of the learned counsels
for the respective parties, on careful scrutiny of the documents
annexed to the Writ Petition, this Court observes that being
aggrieved by the letter dated 19.09.2024 under Annexure-8, the
Petitioner has approached this Court by filing the present Writ
Petition. The sole issue that is involved in the present Writ
Petition is as to whether the application of the Petitioner is to be
considered under the New Rule or Old Rule made for
appointment on compassionate ground. The issue with regard to
applicability of new rule is no res integra since the same has
been dealt with by this Court in several judgments as referred to
herein above. Furthermore, although the State-Opposite Parties
have approached the Hon'ble Supreme Court against the
judgment of this Court in Biswajit Swain's case, however no
interim order has been passed in SLP as of yet. In such view of
the matter, this Court has no hesitation to come to a conclusion
that once the Rule is declared ultra vires the State-Opposite
Party has not taken resort to the same and in such view of the
matter, the letter dated 19.09.2024 under Annexure-8 is highly
illegal and arbitrary and accordingly, this Court has no hesitation
to quash the letter under Annexure-8. Further, the matter is
remanded to the Opposite Party No.2 to consider the case of the
Petitioner in terms of the OCS(RA) Rule 2019 as amended in the
year 2016 keeping in view the judgments referred to herein
above. Accordingly, the Petitioner is directed to approach
Opposite Party No.2 along with certified copy of this order. In
such eventuality, the Opposite Party No.2 shall consider the case
of the Petitioner for appointment on compassionate ground in the
manner as indicated hereinabove within two weeks from the date
of approach of the Petitioner. The decision so taken by the
authority be communicated to the Petitioner within 10 days
thereafter.
8. With the aforesaid observation/direction, the Writ Petition
stands disposed of.
9. Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
RKS
Location: High Court of Orissa
