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Orissa High Court
Satyabrata Behera vs State Of Odisha & Ors. ..... Opposite ... on 16 March, 2026
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.7945 of 2026
Satyabrata Behera ..... Petitioner
Represented by Adv. -
Prabhav Behera
-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
16.03.2026
Order No.
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel appearing for the Petitioner as well as
learned Additional Standing Counsel appearing for the State-
Opposite Parties. 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 circumstances stated above, it is humbly
prayed that your Lordships would be graciously pleased to
issue a Writ of Mandamus or any other appropriate
writ/direction directing Opposite Party No. 2 to grant
formal approval for the appointment of the Petitioner
against the vacant posts existing in Rimuli College,
Rimuli, Keonjhar, as on 31-12-2025 under the Odisha
Civil Service (Rehabilitation Assistance) Rules, 1990,
pursuant to the recommendations already forwarded by
Opposite Party No. 5 vide Letter Nos.735 and
050/RCR/2026 dated 10-07-2025 and 17-01-2026
respectively under Annexure-5 (Series), within a
stipulated period of four weeks;
And direct Opposite Party No. 5 to issue the formal
appointment order in favour of the Petitioner immediately
upon receipt of such approval from Opposite Party No. 2,
and allow him to join his duties in Opposite party College;
And further be pleased to pass any appropriate
order/orders as may deemed fit and proper."
4. Learned counsel for the Petitioner at the outset contended
that the father of the Petitioner, namely Krushna Chandra Behera,
who was working as a Librarian under Opposite Party No.5 died in
harness on 23.06.2017 after leaving behind his legal heirs. After the
death of the deceased government employee, the Petitioner being
one of the legal heirs submitted an application under the OCS (RA)
Rules, 1990 as amended up to the year 2016 for being appointed on
compassionate ground on 20.04.2018 and such application was
within the period of limitation as prescribed in the rules. Further
contended that the Opposite Parties sat over the application of the
Petitioner seeking appointment on compassionate ground.
5. Being aggrieved by such inaction of the opposite parties, the
Petitioner was compelled to approach this Court by filing W.P.(C)
No.27596 of 2024. A coordinate Bench of this Court disposed of
the abovenoted writ application vide order dated 12.12.2024 by
granting liberty to the Petitioner to approach the Opposite Party
No.5 for redressal of his grievance by filing a representation with a
corresponding direction to the Opposite Party No.5 to consider the
same within a period of six weeks. Since the order passed by a
coordinate Bench was not carried out, the Petitioner was compelled
to file CONTC No.1690 of 2025 which was also disposed of by
directing the opposite parties to comply with the order passed
within a month.
6. While this was the position, the Opposite Party No.5
forwarded the application of the Petitioner to the Opposite Party
No.2 for verification and grant of approval for consideration of the
case of the Petitioner for appointment on compassionate ground
vide letter dated 10.07.2025. In the meantime, the Opposite Party
No.3 has already issued a distress certificate in favor of the
Petitioner's family and recommended the case of the Petitioner for
appointment after due compliance of the instruction of Government
of Odisha vide letter dated 07.01.2026. The learned counsel for the
Petitioner further contended that the Opposite Party No.5 has
already submitted the case of the Petitioner along with all requisite
documents including the distress certificate to the Opposite Party
No.2 to grant approval for appointment of the Petitioner on
compassionate ground vide letter dated 17.01.2026. Despite such
steps having been taken by the Opposite Party No.5, the Opposite
Party No.2 has not taken any final decision. Being aggrieved by
such inaction of the Opposite Party No.2, the Petitioner has
approached this Court by filing the present writ application.
7. Learned counsel for the State on the other hand contended
that he has no specific objection in the matter. However, on a
careful examination of the pleadings contained in the writ
application it appears that the application of the Petitioner has been
forwarded to the office of the Opposite Party No.2 seeking
approval. He further submitted that in the event such application is
still pending before the Opposite Party No.2 for grant of approval,
he will have no objection if this court directs the Opposite Party
No.2 to consider such grant of approval as expeditiously as possible
in accordance with law within a stipulated period of time.
8. Considering the submission made by learned counsels for
both sides and on careful examination of the background facts and
further taking note of the communications between the Opposite
Parties with regard to the appointment of the Petitioner on
compassionate ground, this Court is of the view that the present
writ application can very well be disposed of at the stage of
admission by directing the Opposite Party No.2 to consider the case
of the Petitioner strictly in accordance with the applicable rules and
take a final decision on the request of the Opposite Party No.5 with
regard to grant of approval within a period of eight weeks from the
date of communication of a copy of this order. Pursuant to the order
is likely to be passed by the Opposite Party No.2, the Opposite
Party No.5 shall take necessary follow-up steps and communicate
the final decision to the Petitioner within a period of four weeks
from the date of receiving the order from the Opposite Party No.2.
9. With the aforesaid observations/ directions, the writ
application stands disposed of.
Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
Anil
Designation: Junior Stenographer
Location: High Court of Orissa
Date: 17-Mar-2026 18:36:32
