Amiya Behera vs ) State Of Odisha ..... Opposite Parties
2025 Latest Caselaw 268 Ori

Orissa High Court

Amiya Behera vs ) State Of Odisha ..... Opposite Parties on 7 May, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                            WP(C) No.11962 of 2025
            Amiya Behera                 .....       Petitioner
                                                                Represented By Adv. -
                                                                Dinesh Kumar Panda

                                             -versus-
            1) State Of Odisha                          .....        Opposite Parties
            2) Chief Engineer, Minor Irrigation,                 Represented By Adv. -
            Odisha
            3) Superintending Engineer, Northern                 Ms.Babita Kumari
            Minor Irrigation Circle, Sambalpur                   Sahoo, AGA
            4) Executive Engineer, Minor
            Irrigation Division, Jharsuguda

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

                                             ORDER

07.05.2025

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 Government Advocate 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:

" I n 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 in

quashing the order of rejection dated 09.04.2024 issued by the Opp.Party No.2 under Annexure-11;

And further directing the Opp.Parties to issue appointment order in favour of the Petitioner under Rehabilitation Assistance Scheme in a suitable post forthwith following Odisha Civil Services (Rehabilitation Assistance) Rules, 1990 taking into consideration of Odisha Civil Service (Rehabilitation Assistance) Amendment Rules, 2025 vide Annexure-

12. And may further be pleased to pass any other order/orders, direction/directions as deemed fit and proper."

4. It is stated by the learned counsel for the Petitioner that the father of the Petitioner was working as Peon 01.10.2009. Thereafter, the Petitioner being one of the legal heirs obtained death certificate as well as legal heir certificate. The mother of the Petitioner submitted an application for appointment on compassionate ground on 25.10.2017. Learned counsel for the Petitioner at this juncture submitted that such application was forwarded by Opposite Party No.4 to Opposite Party no.3 only on 25.10.2017. After sitting over the matter for several years, the Opposite Party No.3 returned the application of the mother of the Petitioner directing the mother of the Petitioner to submit an application pursuant to the G.A. Department Notification dated 05.11.2016.

5. While the matter stood thus, the Petitioner again submitted an application for appointment on compassionate ground on 03.11.2018. Accordingly, the mother of the Petitioner, who claims to be the 1st claimant, was sent to the Medical Board. The Medical Board after conducting

examination submitted a report on 14.08.2018 and opined that the mother is unfit to perform any official duty. While this was the position, Opposite Party No.4 wrote a letter to the Opposite Party No.3 seeking clarification for regularisation of the period of absence of the Petitioner's father in service. Finally, on 30.11.2019 the absence of the father of the Petitioner was regularised. Since no action for appointment of the Petitioner on compassionate ground was taken thereafter, the Petitioner was compelled to file W.P.(C) No.37731 of 2020 which was disposed of on 13.01.2021 with a direction to consider the representation of the Petitioner for appointment on compassionate ground. After disposal of the earlier Writ Petition, the Petitioner approached the Opposite Parties. The Opposite Parties rejected the application of the Petitioner by considering the same under OCS (RA) Rule, 2020 vide their letter dated 21.09.2021 on the ground that the Petitioner secured 44 points. Against such order the Petitioner again filed a Writ Petition bearing W.P.(C) No.10964 of 2022. This Court vide order dated 18.05.2022 again set aside the rejection order dated 21.09.2021 with a direction to Opposite Party No.2 to consider the case of the Petitioner for appointment under OCS(RA) Rule, 1990. Since the order dated 18.05.2022 was not carried out, the Petitioner was compelled to file CONTC No.6896 of 2022 and CONTC No.8961 of 2023. Since the prayer of the Petitioner for appointment on compassionate ground was again rejected, the Petitioner was compelled to approach this Court by filing the present Writ Petition.

6. Learned counsel for the Petitioner at the outset

contended that although the father of the Petitioner died on 01.10.2009 before the new Rule, 2020 came into force, the Opposite Parties have committed gross illegality in rejecting the application of the Petitioner by referring to the OCS(RA) Rule, 2020. Learned counsel for the Petitioner further referring to 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 and the G.A. & P.G. Department Notification dated 04.04.2025 contended before this Court that in the meantime the Rule has already been amended and in view of such amendment all pending applications shall be considered under OCS (RA) Rule, 1990 for the death occurred prior to the new Rule came into force.

7. Learned Additional Government advocate on the other hand contended that the Opposite Parties have not committed any illegality as they have passed order referring to the OCS(RA) Rule, 2020. He further submitted that although the Rule has been amended by virtue of the Notification dated 04.04.2025, the same has come into force after rejection of the application of the Petitioner. As such, he contended that the Writ Petition is devoid of merit and same should be dismissed.

8. Having heard learned counsels for the respective parties, on a careful examination of the background facts of the

present case as well as the documents annexed to the Writ Petition and keeping in view the nature of dispute involved in the Writ Petition, this Court is of the view that the law in this regard is no more res integra. Further, in the context of the present matter, this Court refers to the Notification of the G.A. Department dated 04.04.2025. Keeping in view the Notification dated 04.04.2025 of the G.A. & P.G. Department, the rejection order dated 21.09.2021 under Annexure-9 is unsustainable in law and the same is hereby set aside and the matter is remanded back to Opposite Party No.2 to reconsider the prayer of the Petitioner for appointment on compassionate ground strictly in terms of the Notification dated 04.04.2025 within a period of three months from the date of communication of certified copy of this order. The grievance of the Petitioner shall be redressed by passing a speaking and reasoned order and any decision so taken be communicated to the Petitioner within 10 days thereafter.

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

10. Issue urgent certified copy of this order as per Rules.

( A.K. Mohapatra ) Judge RKS

Designation: AR-CUM-Senior Secretary

Location: High Court of Orissa Date: 08-May-2025 17:26:41