Soubhagya Laxmi Prusty vs State Of Odisha & Ors. ..... Opposite ...
2026 Latest Caselaw 531 Ori

Orissa High Court

Soubhagya Laxmi Prusty vs State Of Odisha & Ors. ..... Opposite ... on 20 January, 2026

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                              WP(C) No.1555 of 2026
            Soubhagya Laxmi Prusty          .....    Petitioner
                                                           Represented by Adv. -
                                                           Sushanta Kumar Mishra

                                           -versus-
            State Of Odisha & Ors.                .....          Opposite Parties
                                                          Represented by Adv. -
                                                          S.K. Parhi, A.S.C.

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

                                          ORDER

20.01.2026 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 Standing Counsel for the State. Perused the Writ Petition as well as the documents annexed thereto.

3. The Petitioner has filed the present writ application with the following prayer:

"On 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 the petitioner in a suitable post as per application submitted by the petitioner to Superintendent of Sanskrit Studies, Odisha, Puri on dated 01.07.2024 alongwith all

documents under annexure-3 Series as per provision laid down in the Odisha Civil Service (Rehabilitation Assistance Scheme) Rules-1990 read with the amended Rulcs-2025 Pursuant to the Government of Orissa, General Administration Department Notification

04.04.2025 under annexure-4 taking in to the account the Judgment of the Hon'ble Apex Court in the case of state of Odisha & Others Versus Jita Luha Civil Appeal No.5842 of 2025 with all service benefits within a stipulated period.

And pass any other appropriate order/orders, direction/directions as the Hon'ble Court may deem fit and proper in the interest of justice;"

4. It is stated by learned counsel for the Petitioner that the father of the Petitioner, who was a government servant, died in harness on 16.03.2023. Thereafter, the Petitioner being one of the legal heirs with the consent of other legal heirs applied for appointment on under the RA scheme. Learned counsel for the Petitioner further contended that although the Petitioner has submitted his application and in the meantime two years have elapsed, however, no decision has been taken by the Opposite Parties on such application for appointment of the Petitioner on compassionate ground. Being aggrieved by such inaction, the Petitioner has approached this Court by filing the present writ application.

5. Learned counsel for the State on the other hand contended that taking into consideration the date of death of the government employee, the case of the Petitioner is to be considered under the OCS (RA) Rules, 2020. He further submitted that in the event no final decision has been taken in the matter of appointment of the Petitioner on compassionate ground, he will have no objection if this Court directs the Opposite Party No.4 to the competent

authority to consider the case of the Petitioner strictly in accordance with law and to dispose of the grievance of the Petitioner by passing a reasoned order.

6. Having regard to the submissions made by learned counsels appearing for the parties, on a careful examination of the background facts, further keeping in view the limited nature of the grievance involved in the writ application, the present Writ Petition is being disposed of by directing the Opposite Party No.4 to consider the grievance of the Petitioner as involved in his application under Annexure-3 series in accordance with the OCS(RA) Rule, 2020 within a period of eight weeks from the date of communication of certified copy of this order. Such application shall be considered and disposed of by passing a speaking and reasoned order and a copy of the final order be communicated to the Petitioner within 10 days from the date of taking such a decision.

7. With the aforesaid observation, the writ application stands disposed of.

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

( A.K. Mohapatra ) Judge Anil

Designation: Junior Stenographer

Location: High Court of Orissa Date: 21-Jan-2026 16:57:59