[Cites 4, Cited by 0]
Orissa High Court
Smt. Bandana Bhatta vs State Of Odisha And Others ..... ... on 12 March, 2026
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.7554 of 2026
Smt. Bandana Bhatta ..... Petitioner
Represented by Adv. -
Kunal Kumar Swain
-versus-
State Of Odisha and others ..... Opposite Parties
Mr. C.M. Singh, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
12.03.2026
Order No.
01. 1. This matter is taken up through Hybrid mode.
2. Heard learned counsel for the Petitioner as well as learned
counsel for the State-Opposite Parties. Perused the writ application
as well as the documents annexed thereto.
3. The Petitioner has filed the present writ application with the
following prayer:
"Under the above circumstances, it is humbly
prayed that the writ petition may be allowed;
(A) a writ of mandamus or an appropriate
writ may be issued directing the opposite
parties to appoint the petitioner either in a
Group-C post or in a Group-D post befitting
to her qualification in accordance with the
Odisha Civil Services (Rehabilitation
Assistance) Rules, 1990 read with Odisha
Services (Rehabilitation Assistance)
Amendment Rules. 2025 keeping in view the
decision of this Hon'ble Court rendered in
the case of Urbashi Sahoo Vs. State of
Odisha and others reported in 2022 (Supp.)
OLR 245, in the case of Basanti Nayak Vs.
State of Odisha and others (WPC (OAC)
No.2669 of 2008 disposed of on 27.10.2022),
which has been upheld by the Division Bench
of this Hon'ble Court in W.A. No.3055 of
2023 (State of Odisha and others Vs.
Basanti Nayak) disposed of on 02.01.2024
and in the case of Seemarani Pandab Vs.
State of Odisha and others reported in 2024
(1) OLR 885, within a time to be stipulated
by this Hon'ble Court;
(B) And any or other order orders
direction/directions may be issued so as to
give complete relief to the petitioner;"
4. The factual background leading to filing of the present writ
petition in short is that the father of the present Petitioner while
working as a Headmaster in Jirailo Namouji High School in the
district of Jagatsinghpur died in harness on 13.08.2007 leaving
behind his legal heirs including the present Petitioner. The present
Petitioner who happens to be the daughter of the deceased
government employee was unmarried at the time of death of her
father. After the death of her father the Petitioner obtained a death
certificate and legal heir certificate and thereafter submitted an
application for appointment on compassionate ground under the
OCS (RA) Rules, 1990 on 24.06.2008 at Annexure-4 to the writ
petition. The application so filed by the Petitioner was kept pending
for a long time and no final decision was taken thereon. In the
meantime the OCS (RA) Rules, 1990 was amended by the OCS
(RA) Rules, 2020. In view of the provision contained in the new
Rule of the year 2020, the application of the Petitioner was recalled
to be considered under the OCS (RA) Rules, 2020.
5. In course of his argument, learned counsel for the Petitioner
contended that such provision contained in the new Rule of the year
2020 was challenged before this Court and the same was declared to
be ultra vires. Eventually, the matter went off to the Supreme Court
and finally the dispute with regard to the consideration of the
pending application under the OCS (RA) Rules, 2020 was set at rest
by virtue of the judgment of the Hon'ble Supreme Court in State of
Odisha and others vs. Jita Luha and others in Civil Appeal
No.5842 of 2025. In the meantime the Government of Odisha, G.A.
& P.G. Department came up with notification dated 04.04.2025,
whereby the requirement to consider the pending applications under
the new Rule was waived.
6. Learned counsel for the Petitioner further, referring to the
letter dated 06.06.2025, at Annexure-9, of the DEO, Jagatsinghpur
issued to all BEOs, submitted before this Court that the name of the
Petitioner has been shortlisted and the same has been communicated
to the concerned BEO for appointment on compassionate ground. A
list appended to the aforesaid letter reveals that the name of the
Petitioner appears at Sl. No.2. Despite her name being shortlisted,
the Petitioner has not been given appointment and being aggrieved
by such inaction of the Opposite Parties, the Petitioner has
approached this Court by filing the present writ petition.
7. Learned counsel for the State on the other hand contended that
although he has no specific instruction in the matter, however, taking
into consideration the letter dated 06.06.2025 at Annexure-9, he will
have no objection in the event this Court directs the Petitioner to
approach the DEO, Jagatsinghpur for redressal of her grievance in
accordance with law and in terms of letter dated 06.06.2025 within a
stipulated period of time.
8. Considering the submissions made by the learned counsels
appearing for the respective parties, on a careful analysis of their
submission and on a close scrutiny of the document annexed to the
writ petition, further on a careful consideration of the letter dated
06.06.2025 of the DEO, Jagatsinghpur-Opposite Party No.3, this
Court is of the view that the present writ petition can be disposed of
at the stage of admission by granting liberty to the Petitioner to
approach the Opposite Party No.3 along with a copy of today's
order. In such eventuality, the Opposite Party No.3 shall do well to
consider the case of the Petitioner by taking into consideration his
letter dated 06.06.2025. In the event it is found that the Petitioner's
name was shortlisted for being appointed on compassionate ground
as is evident from the letter at Annexure-9, then necessary direction
be given by the DEO, Jagatsinghpur-Opposite Party No.3 to the
concerned BEO. Let the aforesaid exercise be carried out within a
period of three months from the date of communication of a copy of
today's order.
9. With the aforesaid observations/directions, the writ
application stands disposed of.
Issue urgent certified copy of this order as per Rules.
( Aditya Kumar Mohapatra )
Judge
S.K. Rout
Reason: Authentication Page 4 of 4.
Location: High Court of Orissa, Cuttack
Date: 13-Mar-2026 17:48:57
