Orissa High Court
Purnima Hati vs State Of Odisha And Others ..... ... on 1 May, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.18583 of 2024
Purnima Hati ..... Petitioner
Represented By Adv. -
Jibankanta Pattanaik
-versus-
State Of Odisha and others ..... Opposite Parties
Mr. S.K. Brahma, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
01.05.2025
Order No.
02. 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, prayed that the Hon'ble Court
may graciously be pleased to admit the writ
petition, issue Rule Nisi calling upon the
Opposite Parties to show cause as to why the
impugned order No.30450 dated 24.08.2023
passed by the Opp. Party No.1 as communicated
vide Letter No.3924/Estt dated 14.09.2023 of
Deputy Collector (Estt.), Collectorate, Cuttack to
the CDPO, Nischintakoili under Annexure-8
shall not be quashed and if the Opp. Parties fail
to show cause or show insufficient cause, the
Hon'ble Court may be pleased to make the rule
absolute and quash the impugned order
No.30450 dated 24.08.2023 passed by the Opp.
Party No.1 as communicated vide Letter
No.3924/Estt dated 14.09.2023 of Deputy
Collector (Estt.), Collectorate, Cuttack to the
CDPO, Nischintakoili under Annexure-8 and
issue of a writ of Mandamus directing the Opp.
Parties, particularly the Opp. Party No.1 and 3
to give appointment to the petitioner under
rehabilitation assistance scheme by completing
the exercise required to be undertaken in terms
of Rule 6 of the 2020 Rules.;
And pass such other order/orders, as the
Hon'ble Court may deem fit and proper in the
facts and circumstances of the case;"
4. Learned counsel for the Petitioner at the outset contended that
the father of the Petitioner, namely one Pratap Chandra Hati while
working as a Junior Revenue Assistant at the Collectorate, Cuttack
died in harness on 25.04.2018. After his death the Petitioner obtained
the death certificate on 28.05.2018. He further contended that
although the Petitioner applied for grant of Legal Heir Certificate on
05.06.2018, however, due to some dispute the matter lingered for
several years. Finally, the dispute with regard to the legal heir
attained finality after the Appellate Court decided the dispute when
the appeal under the nomenclature of Misc. Appeal No.1/2020
attained finality by virtue of order of the Sub-Collector, Sadar,
Cuttack vide order dated 06.08.2021. He further contended that after
obtaining the Legal Heir Certificate the Petitioner submitted his
application for appointment on compassionate ground. Such
application of the Petitioner was kept pending for a long time and
finally vide order dated 24.08.2023 the application of the Petitioner
for appointment on compassionate ground was rejected by the
Government. Such rejection order was communicated to the
Petitioner vide order dated 14.09.2023. Thereafter, the Petitioner
approached this Court by filing the present writ petition challenging
the order of rejection dated 24.08.2023 as well as the letter of
communicated dated 14.09.2023.
5. In course of his argument, learned counsel for the Petitioner
contended that by virtue of impugned order dated 24.08.2023 which
was communicated to him vide order dated 14.09.2023 under
Annexure-8 the Government has rejected the application of the
Petitioner by applying the provisions of OCS (RA) Rules, 2020.
Moreover, it appears that the application of the Petitioner was not
entertained as there was an inordinate delay of two years in
approaching the authorities for his engagement on compassionate
ground. In the aforesaid context, learned counsel for the Petitioner
referring to 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 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,
contended that the Opposite Parties has committed a gross illegality
by applying the OCS (RA) Rules, 2020 to the part of Petitioner's
case. He further contended that in the meantime the OCS (RA) Rules,
2020 has been amended by virtue of the notification dated
04.04.2025 of the GA & PG Department, Government of Odisha.
6. Further, referring to the notification dated 04.04.2025 of the
GA & PG Department, Government of Odisha, learned counsel for
the Petitioner submitted that in view of the amendment to Clause-9 of
Rule-6 and keeping in view the proviso inserted, the case of the
Petitioner is eligible to be reconsidered for appointment on
compassionate ground under the OCS (RA) Rules, 1990 as the death
of the father of the Petitioner had occurred much prior to the OCS
(RA) Rules, 2020 came into force, i.e. on 17.02.2020. On such
ground, learned counsel for the Petitioner submitted that the
impugned rejection order under Annexure-8 is unsustainable in law
and accordingly the same should be quashed.
7. Learned counsel for the State on the other hand contended that
the application of the Petitioner for appointment on compassionate
ground has been duly considered by the competent authority and by
passing a reasoned order dated 24.08.2023 such application has been
rejected and the same has been communicated to the Petitioner vide
letter dated 14.09.2023 under Annexure-8 to the writ petition.
Learned counsel for the State further submitted that although the
father of the Petitioner died prior to the OCS (RA) Rules, 2020 came
into force, however, the application for compassionate appointment
was made while the OCS (RA) Rules, 2020 was in force. On such
ground, learned counsel for the State contended that the present writ
petitioner is devoid of merit and that no fault can be found on behalf
the Opposite Parties in rejecting the application of the Petitioner by
virtue of order dated 24.08.2023 under Annexure-8 to the writ
petition.
8. Having heard the learned counsels appearing for the respective
parties, on a careful examination of the background facts as well as
the documents annexed to the writ petition, this Court observes that
the issue that is required to be addressed in the present writ petition is
as to whether the Petitioner is eligible to be reconsidered for
appointment on compassionate ground under the OCS (RA) Rules,
1990 and in terms of the notification dated 04.04.2025. The factual
position in the present writ petition as pleaded by the Petitioner
remains undisputed by both sides. It is also not disputed by the
counsels appearing for the Parties that the father of the Petitioner has
died on 25.04.2018. Thereafter, the Petitioner after obtaining a Legal
Heir Certificate applied for appointment on compassionate ground on
20.04.2022. On perusal of the factual background of the present case,
it appears that although the deceased-government employee died
prior to the OCS (RA) Rules, 2020 came into force on 17.02.2020,
however, the application for appointment on compassionate ground
was made on 20.04.2022, i.e. after the OCS (RA) Rules, 2020 came
into force. Therefore, the question that falls for consideration is as to
whether the case of the Petitioner is to be considered under the OCS
(RA) Rules, 1990 of the new Rules in the year 2020.
9. To decide the issue as has been analyzed in the preceding
paragraphs, this Court is required to examine the amending provision
that was brought into the Rules by virtue of the notification dated
04.04.2025. On a careful analysis of the new Rules of the notification
dated 04.04.2025, it appears that while amending Sub-Rule-9 of
Rule-6 the Government has incorporated a proviso which has been
quoted herein below:-
"Provided that in case the death of Government
employee occurred on or after commencement of the
Odisha Civil Service (Rehabilitation Assistance)
Amendment Rules, 2016 and before commencement of
the Odisha Civil Services (Rehabilitation Assistance)
Rules, 2020, shall be governed by the provisions of the
Odisha Civil Service (Rehabilitation Assistance) Rules,
1990."
On a careful analysis of the aforesaid proviso, this Court
observes that the amending Rule-6(9) the State Government has
provided a window to the legal heirs of the government employees
who have died in between 2016 to 2020. Further, taking note of such
death of the father of the Petitioner, i.e. on 25.04.2018, this Court has
no hesitation in coming to the conclusion that the case of the
Petitioner is covered under the proviso to the substituted Rule-6(9).
As such the case of the Petitioner is required to be considered in
terms of the OCS (RA) Rules, 1990.
10. In view of the aforesaid analysis of the legal position as well as
keeping in view the factual background of the present case, this Court
is of the view that the impugned order dated 24.08.2023 has been
communicated to the Petitioner vide letter dated 14.09.2023 under
Annexure-8 to the writ petition is unsustainable in law. Accordingly,
the order dated 24.08.2023 as well as letter dated 14.09.2023 is
hereby quashed. Further, the matter is remanded back to the Opposite
Party No.1 to consider the case of the Petitioner afresh in terms of the
amended provision, i.e. the notification of the GA & PG Department
dated 04.04.2025. In the event the Petitioner approaches the Opposite
Party No.1 along with a copy of today's order within two weeks from
today, the Opposite Party No.1 shall do well to reconsider the case in
the manner as has been directed hereinabove within a period of 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 ten days thereafter.
11. With the aforesaid observations/directions, the writ application
stands disposed of.
Issue urgent certified copy of this order as per Rules.
( Aditya Kumar Mohapatra )
S.K. Rout Signed by: SANTANU KUMAR ROUT
Location: High Court of Orissa, Cuttack
Date: 05-May-2025 11:25:19
