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Orissa High Court
Pranati Behera vs ) State Of Orissa ..... Opposite Parties on 6 April, 2026
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.9976 of 2026
Pranati Behera ..... Petitioner
Represented by Adv. -
Sushanta Kumar Mishra
-versus-
1) State of Orissa ..... Opposite Parties
2) The Director, Secondary Represented by Adv. -
Education, Odisha
3) District Education Officer, Mr. D.K. Sahoo, AGA
Keonjhar
CORAM:
MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
06.04.2026
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. Perused the writ
application as well as the documents annexed thereto.
3. By filing the present writ application the Petitioner has sought
for the following relief:-
"In the aforesaid facts and circumstances, it is,
therefore, prayed that in the interest of justice this
Hon'ble Court may graciously be pleased to;
i) Admit the writ Application.
ii) Call for the records.
iii) Direct to the Opposite parties to appoint to
petitioner in a suitable post pursuant to the application
dtd.25.02.2017 under annexure-3 to the writ application
under the provision laid down in the Odisha Civil
Service (Rehabilitation Assistance Scheme) Rules, 1990
with the amended Rules- 2016 & Notification issued by
the Government of Orissa, General Administration
Department Notification No.l 1771 dtd. 04.04.2025
under annexure-6 iv) Direct to the Opposite Parties to
consider the case of the petitioner as the similarly
situated person like petitioner namely (Prasanti Chhatoi
) approached to this Hon'ble Court in W.P.(C) No.
11634 of 2020 which was disposed by the order dtd.
01.02.2023 grating the benefits relying on the judgment
of Khirabdi Bala Behera Vrs. State and others vide
order dated 24.08.2022 & there after the 0pp. Parties
are implemented the order dtd. 01.02.2023 vide office
order No.938/M dtd.29.01.2026 under Annexure-4 & 5
as well as in pursuant to the Judgment of this
Hon'ble Court on dated 03.02.2026 passed in W.P.(C)
No.32107 of 2011 Mani Machha Vrs. State and others &
order dated 24.08.2022 passed in W.P.(C) No. 14945 of
2015 Khirabdi Bala Behera Vrs. State and others with
all service benefits within a stipulated period.
And/or pass any other appropriate order/orders,
direction/directions as the Hon'ble Court may deem fit
and proper in the interest of justice;
And for this act of kindness, the petitioner as in
duty bound shall ever pray."
4. Learned counsel for the Petitioner at the outset contended that
the father of the Petitioner was initially appointed on 20.12.1979 as
an Assistant Teacher. While discharging his duty the post of the
father of the Petitioner was approved on 01.06.1994. Thereafter, the
father of the Petitioner died in harness on 26.02.2016 leaving behind
his legal heirs including the present Petitioner.
5. After the death the Government employee the present
Petitioner as one of the legal heirs, with the consent of other legal
heirs, applied for appointment on compassionate ground under the
Odisha Civil Service (Rehabilitation Assistance Scheme) Rules,
1990. Such application was submitted before the DEO, Keonjhar on
25.02.2017 i.e. within the period of limitation as prescribed under the
1990 Rule. The prayer of the Petitioner for appointment on
compassionate ground was pending for a long time and no final
decision has been taken as of now. Being aggrieved by such inaction
of Opposite Parties, the Petitioner has approached this Court by
filing the present writ application.
6. In course of argument, learned counsel for the Petitioner
submitted before this Court that although in the meantime the
Petitioner has married however he is looking after the family of the
deceased-Government employee. On such ground learned counsel
for the Petitioner contended that the Petitioner be given appointment
on compassionate ground to provide transfer for both to the
otherwise financial problem the family of the deceased-Government
employee. In the aforesaid context, learned counsel for the Petitioner
relied upon a judgment of the Division Bench of this Court in
W.P.(C) No.14945 of 2015 (the matter of Khirabdi Bala Behera vs.
State of Odisha and others) and the judgment of another Division
Bench of this Court in Mani Machha vs. State of Odisha and others
(W.P.(C) No.32107 of 2011) decided vide judgment dated
03.02.2026. In view of the aforesaid settled legal position, learned
counsel for the Petitioner contended that the Opposite Parties instead
of sitting over the prayer made by the Petitioner should have given
appointment to the Petitioner who happens to be the married
daughter of the deceased-Government employee.
7. Learned counsel for the State on the other hand contended that
the application of the Petitioner as is evident from the pleadings of
the writ application is still pending before the Opposite Parties for
consideration. He further contended that in the event no final
decision has been taken on the application of the Petitioner, he will
have no objection, if this Court directs the Opposite Party No.2 to
take a final decision in the light of the above noted two judgments
within a stipulated period of time.
8. In course of his argument, learned counsel for the Petitioner
further contended that recently the Opposite Parties have given
appointment to similarly situated persons pursuant to the direction of
this Court and a copy of the office order appointing the beneficiary,
who happens to be the legal hears of the deceased-Government
employees on compassionate ground vide office order dated
29.01.2026 at Annexure-5 was relied upon.
9. Having heard the learned counsels appearing for the respective
sides and on a careful scrutiny of the document annexed to the writ
application, this Court is of the view that the issue involved in the
present writ application has already been adjudicated by two prior
Division Bench judgments of this Court. Moreover, the prayer of the
Petitioner is still pending before the competent authority for taking a
final decision. In the aforesaid circumstances, this Court deems it
proper to dispose of the present writ application by directing the
Opposite Party No.2 to consider the prayer of the Petitioner for
appointment on compassionate ground within a period of eight
weeks from the date of communication of a copy of todays' order.
The Opposite Party No.2 on production of a certified copy of todays'
order by the Petitioner shall take a final decision, keeping in view the
abovenoted two judgments of this Court and dispose of the prayer of
the Petitioner by passing a speaking and reasoned order within the
aforesaid time stipulated. The final decision so taken be
communicated to the Petitioner within ten days thereafter.
10. With the aforesaid observation and directions, the writ petition
stands disposed of.
(Aditya Kumar Mohapatra )
Judge
Sisir
Designation: PERSONAL ASSISTANCE
