Orissa High Court
Tapas Jena vs State Of Odisha & Anr. ..... Opposite ... on 3 May, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.11895 of 2025
Tapas Jena ..... Petitioner
Represented By Adv. -
Saswati Mohapatra
-versus-
State of Odisha & Anr. ..... Opposite Parties
Represented By Adv. -
S.K. Parhi, A.S.C.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
03.05.2025
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 present Writ Petition has been filed by the Petitioner with
the following prayer :
"Under the aforesaid facts and circumstances, it is
therefore, prayed that this Hon'ble Court may graciously be
pleased to direct/ order the state Opp.Parties to give
appointment under the rehabilitation assistance scheme
within a stipulated period as prescribed by this Hon'ble
Court.
And may pass such order/orders, as would be just fit
and proper."
4. It is stated by learned counsel for the Petitioner that the father
of the Petitioner, namely, Sarat Chandra Jena, who was working as
Peon in Tahasil Office of Mahanga, died in harness on 08.09.2017.
He further contended that the Petitioner one of the legal heirs with
the consent of other legal heirs submitted an application for
appointment on compassionate ground nearly after the death of his
father. He further submitted that such application was kept pending
and no decision was taken. Finally, when the Petitioner approached
the A.D.M., Cuttack with a request to take an early decision on his
application, the A.D.M., Cuttack vide his letter dated 20.02.2023
instructed the Tahasildar, Salipur to re-examine the case of the
Petitioner in terms of the OCS (RA) Rules, 2020. Learned counsel
for the Petitioner further submitted that similarly the Deputy
Collector has also written a letter on 18.12.2024 requesting the
Tahasildar, Salipur to submit a compliance report on the application
of the Petitioner for appointment on compassionate ground.
5. In course of his argument, learned counsel for the petitioner
referred to the judgment of 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 decided by the Hon'ble Supreme Court and the
judgment of this Court in Suchitra Bal vs. State of Odisha & ors. by
a Division Bench of this Court in W.P.(C) No.2081 of 2021 decided
on 16.03.2023 as well as Bindusagar Samantaray vs. State of
Odisha & ors. by a Division Bench of this Court in W.A. No.810 of
2021 decided on 25.09.2023 and in the case of Biswajit Swain vs.
State of Odisha and others in W.P.(C) No.5214 of 2021 decided on
31.10.2023 submitted that the law is fairly well settled that in the
event the Govt. employee has died prior to the new rule came into
force, the application by the legal heirs of such employee for
appointment on compassionate ground is to be considered under the
OCS (RA) Rules, 1990. He also referred to the latest amendment to
the under the OCS (RA) Rules, 2020 by virtue of the G.A. & P.G.
Dept., Govt. of Odisha notification dated 04.04.2025 contended that
there is no difficulty in considering the application of the Petitioner
under the OCS (RA) Rules, 1990 as has been decided by the Govt. by
amending the OCS (RA) Rules, 2020.
6. Learned Additional Standing Counsel on the other hand
contended that since the application of the Petitioner is pending and
no decision has been taken thereon, then he will have no objection in
the event this Court directs the competent authority to consider and
dispose of the application of the Petitioner strictly in accordance with
law within a stipulated period of time.
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 deems it proper to dispose of the
writ application at the stage of admission by directing the Opposite
Party No.2 to consider and dispose of the application of the Petitioner
for appointment on compassionate ground by applying the OCS (RA)
Rules, 1990 and strictly in terms of the G.A. & P.G. Dept., Govt. of
Odisha notification dated 04.04.2025 within a period of three months
from the date of communication of certified copy of this order by the
Petitioner. Further, it is directed that the Opposite Party No.2 shall
consider and dispose of the application of the Petitioner by passing a
speaking and reasoned order. The final decision so taken by the
Opposite Party No.2 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
Designation: Junior Stenographer
Location: High Court of Orissa
Date: 03-May-2025 16:52:03
