Orissa High Court
Sanjeeb Megha vs State Of Odisha & Ors. ..... Opposite ... on 24 March, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.8058 of 2025
Sanjeeb Megha ..... Petitioner
Represented By Adv. -
Dinesh Kumar Panda
-versus-
State Of Odisha & Ors. ..... Opposite Parties
Represented By Adv. -
B.K. Sahu, A.G.A.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
24.03.2025
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 learned
Additional Govt. Advocate for the State-Opposite Parties. Perused
the Writ Petition as well as the documents annexed thereto.
3. The present Writ Petition has been filed by the Petitioner with
the following prayer :
"In view of the facts stated and submissions made
above, the Petitioner most humbly prays that the Hon'ble
Court may graciously be pleased to issue a writ in the
nature of Writ of Mandamus or any other writ/ writs,
order/orders, direction/ directions to quash the order of
rejection passed by the Opp. Party No.3 dated 20.09.2024
communicated by the Opp. Party No.4 on dated 03.10.2024
vide ANNEXURE-7;
And further direct the Opp. Parties to issue
appointment order in favor of the Petitioner under
Rehabilitation Assistance Scheme in a suitable post
forthwith following Odisha Civil Services (Rehabilitation
Assistance) Rules 1990;
And may further be pleased to pass any other order /
orders, direction / directions as deemed fit and proper."
4. It is stated by learned counsel for the Petitioner that the father
of the Petitioner, while working as Attendant, died in harness on
22.04.2018 leaving behind his legal heirs including the present
Petitioner. The present Petitioner, with the consent of other legal
heirs and after obtaining a death certificate and a legal heir certificate
from the competent authority, applied to the competent authority for
being appointed on compassionate ground as the financial condition
of the family was distressful. Prior to that, the mother of the
Petitioner was duly examined by the medical board and the medical
board has issued a certificate on 01.02.2019 indicating that the
mother of the Petitioner is unfit to discharge any duties. Finally, the
Petitioner made an application for appointment on compassionate
ground along with relevant documents on 23.02.2019. Learned
counsel for the petitioner further contended that the said application
which was filed in the year 2019, was kept pending till 2024 which
compelled the Petitioner to approach this Court in the 1 st round of
litigation by filing W.P.(C) No.6576 of 2024. This Court, vide order
dated 21.03.2024, disposed of the said writ application by directing
the Opposite Parties to consider the case of the Petitioner in the light
of the law laid down by the Hon'ble Supreme Court in the case of
Malaya Nanda Sethy vrs. State of Orissa and others : reported in
2022(II) OLR(SC)-1 as well as by a Division Bench of this Court in
Suchitra Bal vs. State of Odisha & ors. in W.P.(C) No.2081 of 2021
decided on 16.03.2023 and State of Odisha and others v. Bindu
Sagar Samantaray in W.A. No.810 of 2021 decided on 25.09.2023
and in Biswajit Swain v. State of Odisha & ors. in W.P.(C) No.5214
of 2021 decided on 31.10.2023 by this Bench. He further contended
that in view of the aforesaid judgments the law is well settled that the
Rule applicable at the time of the death of the Govt. employees shall
be applicable to consider the application for appointment on
compassionate ground of the legal heirs of the deceased govt.
employee.
5. Learned counsel for the Petitioner further contended that
ignoring the aforesaid settled position of law, particularly, the
judgment in Biswajit Swain's case (supra), wherein this Court has
already declared the Rule-6 (9) of the OCS (RA) Rules, 2020 as ultra
vires, the Opposite Parties vide order dated 20.09.2024 under
Annexure-7 rejected the prayer of the Petitioner by referring to the
order dated 11.10.2021 of the G.A. & P.G. Dept., Govt. of Odisha as
well as order dated 02.03.2021 of the Govt. of Odisha. On a close
scrutiny of the impugned rejection order it appears that the competent
authority has not taken into consideration the judgments referred to
hereinabove. Learned counsel for the Petitioner further contended
that without taking into consideration the aforesaid judgments,
further without taking note of the order passed by this Court on
21.03.2024 in the earlier writ application, the prayer of the Petitioner
has been mechanically rejected by virtue of the impugned order
under Annexure-7. As such, it was contended that the impugned
rejection order is unsustainable in law.
6. Learned Additional Govt. Advocate on the other hand
contended that after disposal of the earlier writ application, the case
of the Petitioner has been duly considered by the Opposite Parties
and taking into consideration the orders passed by the G.A. & P.G.
Dept., the Opposite Parties have considered and disposed of the
prayer of the Petitioner vide order dated 20.09.2024 by passing a
speaking and reasoned order. In such view of the matter, learned
counsel for the State contended that the Opposite Parties have not
committed any illegality, therefore, the impugned rejection order
does not call for any interference by this Court at this stage.
7. Having heard the learned counsels appearing for the respective
parties as well as on a careful examination of the background facts of
the present case as well as keeping in view the legal position as
discussed hereinabove, this Court observes that the impugned
rejection order dated 20.09.2024 under Annexure-7 to the writ
application has been passed without taking into consideration the
direction given by this Court in the earlier writ application vide order
dated 21.03.2024. It further appears that this Court had categorically
directed to consider the case of the Petitioner in the light of the
judgments referred to hereinabove. However, on a close scrutiny of
the impugned rejection order dated 20.09.2024, it appears that such
judgments have not been taken into consideration and merely basing
upon orders of the G.A. & P.G. Dept., Govt. of Odisha, the case of
the Petitioner has been rejected. In such view of the matter, this Court
is of the considered view that the application of the Petitioner has not
been considered in its proper prospective by not taking into
consideration the order dated 21.03.2024. As such, the impugned
order dated 20.09.2024 under Annexure-7 is unsustainable in law.
Accordingly, the same is hereby quashed. Further, the matter is
remanded back to the Opposite Party No.4 to consider the case of the
Petitioner in the light of the judgments referred to hereinabove as
well as the order dated 21.03.2024 in W.P.(C) No.6576 of 2024
within a period of three months from the date of communication of a
certified copy of today's order. The representation of the Petitioner
shall be disposed of by taking into consideration the above noted
judgments and by passing a speaking and reasoned order within the
period as has been indicated hereinabove. The final decision so taken
by the Opposite Party No.4 be communicated to the Petitioner within
a period of ten days from the date of taking such a decision.
8. With the aforesaid observations/ directions, the writ
application stands disposed of.
Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
Anil
Signed by: ANIL KUMAR Page 5 of 5.
SAHOO
Reason: Authentication
Location: High Court of Orissa
Date: 25-Mar-2025 16:24:43
