Petitioner sought compassionate appointment for his deceased father. Court held authorities must reconsider application under 1990 Rules as amended up to 2016, disregarding 2020 Rules struck down as ultra vires.
Impugned order set aside. Petitioner's application to be reconsidered under OCS (RA) Rules, 1990 as amended up to 2016 within two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.4041 of 2023
Binayak Bahinipati
Petitioner
Mr. S. Routray, Advocate
-versus-
State of Odisha & others
Opp. Parties
Mr. N.K. Praharaj, A.G.A.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No.
04.12.2023
W.P.(C) No.4041 of 2023 & I.A. No.11846 of 2023
“It is, therefore, most humbly prayed that this Hon’ble Court may graciously be pleased to:
// 2 //
proper for the ends of justice.”
// 3 //
Rules. He further contended that in view of provisions contained of Rule 6 (9) of the OCS (RA) Rules, 2020, all pending applications were to be considered under the 2020 Rules in view of the G.A. & P.G. Dept. notification dated 17.02.2020. Since, the Petitioner failed to accumulate desired number of points during evaluation of his application, his application has been rejected under the 2020 Rules. In such view of the matter, learned Additional Government Advocate submitted that the Opposite Parties have not committed any illegality in rejecting the application of the Petitioner and accordingly it was prayed that the writ application is being dismissed at the threshold. 7. Considering such submission made by learned counsels appearing for the respective parties and on a careful examination of the materials on record as well as the factual background of the present case, this Court observed that there is no dispute with regard to the date of death and the date of application. Further, this Court at this juncture would like to refer the judgment of this Court in the case of Biswajit Swain vs. State of Odisha & others in W.P.(C) No.5214 of 2021 decided on 31.10.2023 wherein this Court has struck down Rule 6 (9) of the OCS (RA) Rules, 2020 as by holding that the same is ultra vires the provisions of Article 14 of the Constitution of India.
Since the rejection order under Annexure-3 was passed prior to the judgment in Biswajit Swain ’s case (supra). This Court while disposing of the writ application by setting aside the impugned order under Annexure-3 and directs the authorities to reconsider the case of the petitioner for appointment on compassionate ground by taking into consideration the OCS (RA) Rules, 1990 as amended up to the year 2016 within a period of two months from the date of communication of a certified copy of this order by the Petitioner. Any final decision taken in the matter shall be communicated to the
// 4 //
petitioner within two weeks from the date of taking such a decision. 8. With the aforesaid observation/direction, the writ petition along the I.A. is disposed of.
Urgent certified copy of this order be granted on proper application.
( A.K. Mohapatra) Judge
Anil
Signature Not Verified
Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 07-Dec-2023 12:51:40
3 issues framed by the court
Whether the rejection of compassionate appointment application based on 2020 Rules is sustainable in light of the rule held ultra vires Article 14.
Whether the petitioner's application must be reconsidered under the 1990 Rules as amended up to 2016.
Whether the impugned rejection order dated 13.01.2021 should be set aside and the case remanded to authorities.
Colour shows how this judgement treated each authority
Malaya Nanda Sethy vrs. State of Orissa and othersReferred¶24
2022(II) OLR(SC)-1
Suchitra Bal vs. State of Odisha & ors.Referred¶24
W.P.(C) No.2081 of 2021
Bindusagar Samantaray vs. State of Odisha & ors.Referred¶24
W.A. No.810 of 2021
Biswajit Swain vs. State of Odisha & othersDistinguished¶27
W.P.(C) No.5214 of 2021
Binayak Bahinipati
State of Odisha
A.K. Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
