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Orissa High Court
Ullash Chandra Biswal vs State Of Odisha And Others ..... ... on 13 March, 2026
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.7771 of 2026
Ullash Chandra Biswal ..... Petitioner
Represented by Adv. -
Dillip Kumar
Mohapatra
-versus-
State Of Odisha and others ..... Opposite Parties
Mr. D.K. Sahoo,
AGA
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
13.03.2026
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:
"Therefore, it is prayed that this Hon'ble
Court may be graciously pleased to-
I. Admit the writ application;
II. Call for records
III. Issue a writ of Mandamus in directing
the O.P. more particularly O.P. No.3 to
issue appointment order in favor of the
petitioner in terms of the select list dated
30.05.2025 under Annexure-12 read with
Orissa Civil Service (Rehabilitation
Assistance) Rules, 1990 as amended in 2025
and the judgment law pronounced by the
Hon'ble Apex Court in C.A.
No.5842/2025(State of Orissa and Ors. Vrs.
Jita Luha) within a reasonable time to be
stipulated by the Hon'ble Court.
And this Hon'ble Court may pass any other
order/orders as would be deemed just and
proper for the ends of the justice;"
4. Learned counsel for the Petitioner at the outset contended that
the father of the present Petitioner, who was joined as a Peon in
Sanasima High School, Ora in Puri Distirct and was receiving GIA
from the Government w.e.f. 01.03.1989, was initially appointed on
28.07.1984. He further submitted that the school was taken over by
the Government w.e.f. 07.06.1994 by virtue of the resolution dated
16.12.1994. While working as such the father of the Petitioner died
in harness on 11.06.2009 leaving behind his legal heirs including the
present Petitioner.
5. Learned counsel for the Petitioner at this juncture contended
that after the death of the father of the Petitioner the Petitioner has
approached the Opposite Party No.3 by submitting an application
for appointment on compassionate ground. The Headmaster of the
school after receiving such application forwarded to the application
to the concerned DEO vide his letter dated 20.02.2013 along with
other relevant documents at Annexure-4 to the writ petition.
Thereafter, the Petitioner in compliance of the direction of the
Headmaster submitted the required documents on 03.09.2015. Such
documents were forwarded to the office of the DEO for further
processing. Thereafter, the matter remained pending in the office of
the DEO for consideration of the case of the Petitioner for
appointment on compassionate ground under the OCS (RA) Rules,
1990.
6. The grievance of the Petitioner in the present writ petition is
that although the Petitioner had submitted the application within due
time along with the required documents, however, such application
has not been processed under the OCS (RA) Rules, 1990. Being
aggrieved by such inaction of the Opposite Parties, the Petitioner
has approached this Court by filing the present writ application.
7. In course of his argument, learned counsel for the Petitioner
further contended that although in the meantime the OCS (RA)
Rules, 1990 was amended by the new Rules of the year 2020,
however, in view of the judgment of the Hon'ble Supreme Court in
State of Orissa and others v. Jita Luha and a batch of other writ
petitions the position of law has been clarified and accordingly the
G.A. & P.G. Department, Government of Odisha has come up with
the notification dated 04.04.2025. In view of the aforesaid
notification, there is no doubt with regard to applicability of the
OCS (RA) Rules, 1990 to the facts of the Petitioner's case. He
further submitted that in the meantime the Opposite Parties have
published a list of candidates who have been shortlisted for
appointment on compassionate ground by the office of the DEO,
Puri. In such list at Annexure-12 the name of the Petitioner finds
place at Sl. No.26. The specific grievance of the Petitioner with
regard to the aforesaid list is that although the Petitioner's name
appears at Sl. No.26 the Opposite Parties although have given
appointment to the persons who are below the Petitioner, however,
the case of the Petitioner has not been considered.
8. Learned counsel for the State on the other hand contended
that he has no specific instruction in the matter. He further submitted
that taking into consideration the fact pleaded in the writ petition as
well as on a careful examination of the documents, it appears that
the case of the Petitioner is still pending for consideration before the
DEO, Puri-Opposite Party No.3. In such view of the matter, learned
counsel for the State submitted that in the event this Court directs
the Opposite Party No.3 to consider the case of the Petitioner strictly
in accordance with the applicable rules and in accordance with law
within a stipulated period of time, he will have no objection to the
same.
9. 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, this Court deems it proper to dispose of the writ
petition at this juncture directing the Opposite Party No.3 to
consider the grievance of the Petitioner keeping in view the list at
Annexure-12 and in the event any person has been appointed whose
name appears below the name of the Petitioner in the list at
Annexure-12 published by the office of the DEO, Puri-Opposite
Party No.3, necessary follow up steps be taken by the office of the
Opposite Party No.3 to consider the case of the Petitioner for
appointment on compassionate ground as expeditiously as possible
preferably within a period of two months from the date of
communication of a certified copy of today's order. Any final
decision so taken be communicated to the Petitioner within ten days
thereafter.
10. 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
Signed by: SANTANU KUMAR ROUT Page 5 of 5.
Location: High Court of Orissa, Cuttack
Date: 17-Mar-2026 10:13:40
