A. Kamaraj vs ) State Of Odisha ..... Opposite Parties
2025 Latest Caselaw 212 Ori

Orissa High Court

A. Kamaraj vs ) State Of Odisha ..... Opposite Parties on 6 May, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                            WP(C) No.12436 of 2025
            A. Kamaraj                   .....       Petitioner
                                                                    Represented By Adv. -
                                                                    Soubhagya Kumar Rath

                                                 -versus-
            1) State Of Odisha                              .....       Opposite Parties
            2) D.g. And I.g. Of Police, Odisha                       Represented By Adv. -
            3) Spl. D.g. And I.g. Of Police                          Mr.U.C.Jena, ASC
            (communication) , Odisha
            4) Collector Cum Dist.magistrate,
            Ganjam
            5) S.p., Berhampur

                                   CORAM:
                     THE HON'BLE MR. JUSTICE ADITYA KUMAR
                                 MOHAPATRA

                                              ORDER

06.05.2025

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 Standing Counsel for the State-Opposite Parties. Perused the Writ Petition as well as the documents annexed thereto.

3. The Petitioner has filed the present Writ Petition with the following prayer:

" It is therefore humbly prayed that the Hon'ble Court may graciously be pleased to issue Rule NISI calling upon the Opp.Parties to show cause as to why, a writ of mandamus shall not be issued by quashing the impugned order dated 17.11.2022 at

Annexure-7 and in case Opposite Parties do not show cause or shows insufficient or wrong cause then the Hon'ble Court may make the Rule absolute by directing the Opp.Parties to appoint the Petitioner under Odisha Civil Services (Rehabilitation Assistance) Rules, 1990 and amended Rules, 2025.

And may pass such other order/orders, direction/directions as this Hon'ble Court deems fit, equitable and proper in the facts and circumstances of the case."

4. It is stated by the learned counsel for the Petitioner that the father of the Petitioner died in harness while he was working as Government servant on 24.06.2012. Thereafter, the Petitioner submitted an application for appointment under OCS(RA) Rule, 1990 on 23.06.2015. He further contended that although the mother of the Petitioner was examined by a duly constituted Medical Board. The Medical Board certified that the mother of the Petitioner is unfit for Government job. Accordingly, the application of the Petitioner was forwarded to the application of the Petitioner to the Additional D.G. of Police (personnel), Odisha by the Superintendent of Police, Ganjam enclosing required documents along with medical certificate. Learned counsel for the Petitioner at this juncture contended that the Opposite Parties sat over the matter for several years. Finally, vide order dated 17.11.2022 under Annexure-7 to the Writ Petition, the claim of the Petitioner for appointment under compassionate ground has been rejected by the Opposite Party No.3 by referring to the OCS(RA) Rule, 2020. In the aforesaid context, learned counsel for the Petitioner submitted that in view of the judgments in the case of Malaya Nanda Sethy vrs. State of Orissa and others: reported in 2022(II)

OLR(SC)-1, 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. Biswajit Swain v. State of Odisha and others in W.P.(C) No.5214 of 2021 decided on 31.10.2023 the rejection of the Petitioner's claim for appointment on compassionate ground is unsustainable in law.

5. He further contended that in the meantime the G.A. & P.G. Department, Govt. of Odisha has issued a Notification dated 04.04.2025 thereby amending the Rule of the year 2020. In such view of the matter in all pending applications, where the death of the Government employee occurred prior to the date when the new Rule, 2020 came into force, are to be considered under OCS (RA) Rule, 1990.

6. Learned Additional Standing Counsel on the other hand contended that he has no instruction in the matter. He further contended that since the Rule, 2020 has been amended by virtue of the G.A. & P.G. Department Notification dated 04.04.2025, he will have no objection in the event this Court directs the Opposite Parties to consider the case of the Petitioner under OCS (RA) Rule, 1990.

7. Having heard learned counsels for the respective parties, on careful examination of the factual background of the present case, further keeping in view the legal position as is applicable to the case of the Petitioner and keeping in view the Notification dated 04.04.2025, this Court has no hesitation to hold that the impugned rejection order under Annexure-7 is unsustainable in law in view of the Notification dated

04.04.2025 and the same is hereby quashed. The matter is remanded back to the Opposite Party No.2 to consider the case of the Petitioner for appointment on compassionate ground by applying the OCS (RA) Rule, 1990 and in terms of the Notification dated 04.04.2025 of the G.A. & P.G. Department and final decision shall be taken within three months from today. The final decision so taken be communicated to the Petitioner within 10 days thereafter.

7. With the aforesaid observation, the Writ Petition stands disposed of.

8. Issue urgent certified copy of this order in course of the day.

( A.K. Mohapatra ) Judge RKS

Designation: AR-CUM-Senior Secretary Reason: Authentication Location: High Court of Orissa Date: 08-May-2025 11:51:06