Orissa High Court
Rajani Kanta Mallick vs State Of Odisha And Others ..... ... on 12 March, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.6887 of 2025
Rajani Kanta Mallick ..... Petitioner
Represented By Adv. -
Prafulla Kumar
Mohapatra
-versus-
State Of Odisha and others ..... Opposite Parties
Ms. B.K. Sahu, AGA
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
12.03.2025
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. Perused the record.
3. The present writ petition has been filed by the petitioner with
the following prayers:
"Under the aforesaid facts and circumstances, it is
therefore, prayed that this Hon'ble Court may graciously
be pleased to:
(i) direct the Opp. Parties to give appointment to the
Petitioner under Rehabilitation Assistance Scheme in
terms of Odisha Civil Service (Rehabilitation
Assistance) Rules, 1990, which was prevalent at the
time of death of his father on 02.11.2015, in view of the
Judgment of the Hon'ble Apex Court, rendered in the
case of the State of Madhya Pradesh and others Vrs.
Ashish Awasthi, reported in 2021(II) OLR (SC) 1072
and Malaya Nanda Sethy-Vrs. State of Odisha & Others
in Civil Appeal No.4103/2022, Biswajit Swain Vs. State
of Odisha & Others for the interest of justice;
(ii) pass such other order(s) or issue direction(s) as may
be deemed fit and proper in the bona fide interest of
justice."
4. The present writ petition has been filed by the petitioner
challenging the impugned rejection order dated 10.08.2018 issued by
the Divisional Forest Officer, Bargarh (Opposite Party No.4)
wherein the Opposite Party No.4 has rejected the applications of the
Petitioner for Rehabilitation Assistance Scheme.
5. It is submitted by learned counsel for the petitioner that the
father of the petitioner died on 02.11.2015 and is covered under the
OCS(RA) Rules, 1990 and amended Rule, 2016. It is further
submitted by learned counsel for the petitioner that although the
application has been submitted by the petitioner i.e. in the year 2016,
the Authority sat over the matter and finally by virtue of the
impugned order under Annexure-7, the same came to the light.
6. Learned counsel for the petitioner further submits that let the
Authority be directed to consider the case of the petitioner in the light
of the judgment delivered by the Hon'ble Supreme Court of India in
the case of 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. It is also submitted that basing on the said order passed
by the Hon'ble Apex Court in the case of Malaya Nanda Sethi vrs.
State of Odisha and others, the Petitioner has been provided with the
appointment vide order dated 13.06.2022 of the Government in the
Excise Department. Moreover, it is also submitted that when similar
issue was raised before the Hon'ble Apex Court in Special Leave (C)
No.12740 of 2022. Hon'ble Apex Court relying on the decision of
Malaya Nanda Sethi vrs. State of Odisha and others remanded the
matter for consideration in the light of the judgment passed in the
aforesaid Civil Appeal No.4103 of 2022.
7. Having heard leaned counsel for the parties and considering
the facts and circumstances of the case, this Court observes that the
order dated 10.05.2018 under Annexure-7 is not sustainable in law
and therefore, the same is hereby quashed and the matter is remanded
to the Principal Chief Conservator of Forests, Odisha (Opposite Party
No.2) and looking to the date of death of the deceased and involving
whom the appointment under the Rehabilitation Assistance Scheme
is sought for and the date of application for appointment under the
Rehabilitation Assistance Scheme, this Court directs that the
Principal Chief Conservator of Forests, Odisha (Opposite Party No.2)
to look into the claim of the Petitioner and dispose of the same in
accordance with law as well as the recent decision dated 25.09.2023
in W.A.No.810 of 2021 and batch, taking into account the judgments
in the case of 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, wherein the Apex Court in a clear and categorical term
observed that the policy prevalent at the time of death of the deceased
employee is only to be considered and not the subsequent policy.
Further, liberty is given to the Petitioner to approach the Opposite
Party No.2 by filing a detailed representation along with the copies of
the judgments in support of their contention within two weeks. In
such eventuality, the Opposite Party No.2 shall do well to consider
the same by taking into consideration the judgments hereinabove and
disposed of the representation of the Petitioner by passing a speaking
and reasoned order within 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 a period
of ten days thereafter.
8. With the above direction, the writ petition stands disposed of.
Urgent certified copy of this order be granted on proper
application.
(Aditya Kumar Mohapatra)
Judge
S.K. Rout
Signed by: SANTANU KUMAR ROUT Page 4 of 4.
Location: High Court of Orissa, Cuttack
Date: 17-Mar-2025 18:55:17
