[Cites 2, Cited by 0]
Orissa High Court
Ranjit Mirdha vs State Of Odisha & Ors. ..... Opposite ... on 15 January, 2026
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.744 of 2026
Ranjit Mirdha ..... Petitioner
Represented by Adv. -
Dilip Kumar Sahu
-versus-
State Of Odisha & Ors. ..... Opposite Parties
Represented by Adv. -
Mr. D.K.Sahu, A.G.A.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
15.01.2026
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-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:
"Under the above circumstance, it is therefore prayed
that this Hon'ble Court would be graciously pleased to
issue a rule NISI calling upon the opposite parties to file
show cause as to why the petitioner shall not be appointed
as Class-Ill post considering his requisite qualification
under Rehabilitation Assistance Scheme as per Orissa Civil
Service (Rehabilitation Assistance) Rule, 2025 within a
stipulated time if the opposite parties fail to file show cause
or show in sufficient cause this Hon'ble Court would be
made absolute the said rule and issue a writ in the nature of
writ of mandamus or any other appropriate writ, directing
the opposite parties to appoint the petitioner in Class-Ill
post under Rehabilitation Assistance Scheme as per Orissa
Civil Service(Rehabilitation Assistance) Rules, 1990 as
amended in, 2016 and 2025 within a stipulated time.
And this Hon'ble Court be pleased to pass any further
order/order or direction/ directions as this Hon'ble Court
deems fit and proper in the facts and circumstances of the
case."
4. Learned counsel for the Petitioner at the outset contended that
the father of the Petitioner, who was working as Asst. Teacher under
the Opposite Party No.5 died in harness on 28.06.2007 leaving
behind his legal heirs. He further contended that after the death of his
father, the Petitioner submitted an application for appointment on
compassionate ground in 16th April, 2013. Further, learned counsel
for the Petitioner submitted that although the application was filed in
the year 2013, however, no decision has been taken on the
application of the Petitioner for appointment on compassionate
ground as of now.
5. Learned counsel for the Petitioner in course of his argument,
referred 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. He further contended that in the meantime
the 2020 Rules have been amended by the G.A. & P.G. Department
vide Notification dated 04.04.2025. In view of the aforesaid
amendment 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. Further, learned counsel for the Petitioner submitted that in the
meantime, the 2020 Rules have been amended by virtue of the G.A.
& P.G. Department Notification dated 04.04.2025.
6. Learned Additional Government Advocate contended that he
has no instruction in the matter, however, considering the pleadings
in the Writ Petition, he will have no objection in the event this Court
directs the Opposite Parties to consider the case of the Petitioner in
terms of the Notification dated 04.04.2025, within a stipulated period
of time.
7. Having heard learned counsels for the respective parties, on a
careful examination of the background facts as well as the documents
annexed to the Writ Petition, this Court deems it proper to dispose of
the Writ Petition at the stage of admission by granting liberty to the
Petitioner to file a fresh representation taking therein all the grounds
along with all supporting documents before Opposite Party No.5
within a period of two weeks. In such eventuality, the Opposite Party
No.5 shall do well to consider the grievance of the Petitioner taking
into consideration the law laid down in the aforesaid judgements and
keeping in view the Notification dated 04.04.2025 of the G.A.
Department within two months. The final decision so taken be
communicated to the Petitioner within 10 days thereafter.
8. With the aforesaid observation, the Writ Petition stands
disposed of.
9. Issue urgent certified copy of this order in course of the day.
( A.K. Mohapatra )
Judge
Rubi
Digitally Signed Page 3 of 3.
