Orissa High Court
Sunita Barik vs State Of Odisha And Others .... Opposite ... on 8 May, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.12601 of 2025
Sunita Barik .... Petitioner
Mr.Ranjit Mohanty, Advocate
-versus-
State of Odisha and others .... Opposite Parties
Ms.Babita Kumari Sahu, AGA
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
Order No. 08.05.2025
01. 1. This matter is taken up through Hybrid Arrangement
(Virtual/Physical Mode).
2. Heard learned counsel for the petitioner and learned counsel for the
State. Perused the writ petition and the documents annexed thereto.
3. The petitioner has filed the present writ application with the
following prayer:
"It is, therefore, most humbly prayed that this Hon'ble Court
may graciously be pleased to issue appropriate writ / writs,
order /orders, direction / directions directing the opp. parties
to implement/carry out the judgment dt. 21.10.2022 passed by
this Hon'ble Court in WPC (OAC) No. 671 of 2017 in view of
the fact that the Writ Appeal No.1518 of 2024 preferred by the
Opp. Parties against the judgment dt. 21.10.2022 has already
been disposed of by this Hon'ble Court as per order dt.
12.11.2024, within a time stipulated period as this Hon'ble
Court pleases to fix. And pass such other order / orders as
deemed just and proper.
And for this act of kindness the petitioner shall as in duty
bound ever pray."
4. It is stated by learned counsel for the petitioner that the father of the
petitioner, namely Late Sridhar Barik while working as a Survey Khalasi
(work charged) under the opposite party No.3 died in harness on
01.06.2011 leaving behind the widow wife (55 years), six nos of
daughters, out of whom two had got married. The petitioner being an
unmarried daughter of the deceased-employee had made an application
under the OCS (RA), Rules 1990 for her appointment under
compassionate ground. Since that application was considered and rejected
by opposite party, the petitioner had initially approached the Tribunal by
filing O.A. No.671 of 2017. Subsequently, after abolition of the Tribunal,
the O.A. was transferred to this Court and re-numbered as WPC (OAC)
No.671 of 2017. A coordinate Bench of this Court vide judgment dated
21.10.2022 disposed of the aforesaid writ petition by quashing the
impugned rejection under Annexure-7 to the previous writ petition as well
as the subsequent order under Annexure-6. While quashing the same, the
Court had directed the opposite party No.1 to consider the case of the
petitioner in terms of the decision of the Supreme Court in case of
Malayananda Sethi v. State of Odisha within a period of two months from
the date of receipt of the order.
5. Learned counsel for the petitioner at this stage further contended
that after disposal of the earlier writ petition, the State-opp. party
preferred Writ Appeal No.1518 of 2024 before this Court. A Division
Bench of this Court vide order dated 12.11.2024 disposed of the above
noted Writ Appeal holding that the impugned order of the learned Single
Judge does not call for any interference. Since no action has been taken by
the opposite party after disposal of the Writ Appeal and confirmed the
order passed by this Court in WPC (OAC) No.671 of 2017, the petitioner
has approached this Court by filing the present writ petition.
6. Learned counsel for the petitioner has submitted that the
Government of Odisha in the meantime has issued a notification dated
04.04.2025 and by virtue of such notification, the provision contained
under the OCS (RA) Rules 2020 has already been amended and that the
application of the petitioner is required to be considered under the
provision of OCS Rule 1990 keeping in view the judgment of this Court
dated 21.10.2022 in WPC (OAC) No.671 of 2017.
7. Learned counsel for the State, on the other hand, contended that
though he has no instruction in the matter, but the grievance of the
petitioner is non-compliance of the order dated 21.10.2022 passed in the
aforesaid writ petition, which was confirmed by the Division Bench of
this Court in Writ Appeal No.1518 of 2024 by order dated 12.11.2024. In
such view of the matter, learned counsel for the State contended that since
the issue is already pending before the said authority after disposal of the
writ appeal, the petitioner has approached this Court. In such view of the
matter the learned counsel for the State has further submitted that a
direction may be issued to the concerned opposite party to consider the
case of the petitioner to which she has no objection.
8. Having heard learned counsel for the parties and taking into
consideration the facts and circumstances of the case and the nature of
dispute involved in the present writ petition and keeping in view the order
passed by this Court in WPC (OAC) No.671 of 2017 as well as the order
of the Division Bench in Writ Appeal No.1518 of 2024 and further taking
into consideration the notification of the Government of Odisha in G.A.
and P.G. Department dated 4.4.2025, this Court disposes of the writ
petition by directing the opposite party No.3 to consider the case of the
petitioner in accordance with law keeping in view the aforesaid
observation, within a period of three months from the date of production
of the certified copy of this order by the petitioner. It is made clear that
the grievance of the petitioner shall be redressed by the opposite party by
passing a reasoned order and taking into account the resolution of the
G.A. and P.G. Department dated 04.04.2025, he shall take a decision and
communication the result thereof to the petitioner within a period of 10
days thereafter.
9. With the aforesaid observation, the writ application stands disposed
of.
10. Issue urgent certified copy of this order as per Rules.
(A.K.MOHAPATRA)
JUDGE
Bichi
Signed by: BICHITRANANDA SAHOO
