Quashed

Rekha Naik v. the Commnr.-Cum-Secy. to Govt.,Water Resources Dept.

Orissa HC8 Dec 2023WP(C)/4505/2023

Case brief

AI extract

What is this about?

The High Court of Orissa allowed a writ petition seeking quashing of an order rejecting a compassionate ground appointment application. The Court remanded the matter to authorities to consider the case in light of specific judgements and the 1990 Rules.

What did the court decide?

Quashing of the rejection order dated 18.01.2023; remand to Opposite Party No.4 to reconsider the case within two months following relevant judgments and rules.

Rekha Naik Vs the Commnr.-Cum-Secy. to… — Pension and Retirement Benefits | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.4505 of 2023

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Rekha Naik

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…. Petitioner Mr. Basudev Barik, Advocate

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-versus-

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State of Odisha and others

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…. Opp. Parties Mr. P.K. Muduli, A.G.A.

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CORAM: JUSTICE A.K. MOHAPATRA

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Order No.

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ORDER 08.12.2023

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1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

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Heard learned counsel appearing for the Petitioner as well as learned Additional Government Advocate appearing for the StateOpposite Parties. Perused the pleadings as well as the documents annexed thereto.

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The present writ petition has been filed by the Petitioner with the following prayers:-

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“It is therefore prayed that this Hon’ble Court may graciously be pleased to admit the writ application, issue rule nisi calling upon the opp. parties to show cause as to why the letter No.326 dtd. 18.01.2023 under Annexure-6 shall not be quashed and the petitioner shall not be appointed under OCS (Rehabilitation Assistance) Rules, 1990 which was in force at the time of death of her husband, if the opp. parties fail to file show cause and insufficient cause make the rule absolute and direct the opp. parties more particularly opp. party No.4 give appointment to the petitioner under OCS (RA) Rules, 1990 within stipulated time.

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// 2 //

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And pass any other order/orders, direction/directions as this Hon’ble Court would be deem fit and proper as facts and circumstances of the case.”

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It is submitted by learned counsel for the Petitioner that the husband of the Petitioner, who was working as a Government employee, died in harness on 13.11.2018 leaving behind the present Petitioner and other legal heirs. The preset Petitioner being the wife of the deceased Government employee having preferential right in view of the Rule-2(b) of the O.C.S. (R.A.) Rules, 1990 applied for appointment on compassionate ground on 23.10.2019. During pendency of such application before the authorities, new rule, i.e., O.C.S. (R.A.) Rules, 2020 came into force. In view of the provisions contained in Rule-6(9) of the Rules, 2020, the Petitioner was asked to apply afresh which was followed by the Petitioner and, accordingly, a fresh application has been filed. However, the Opposite Parties have rejected the application of the Petitioner by applying the 2020 Rules vide order dated 18.1.2023 under Annexure-6 to the writ petition.

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Learned Additional Government Advocate appearing for the State-Opposite Parties, on the other hand, contended that in view of the Rule-6(9) of the Rules, 2020, the application of the Petitioner, which was pending at the time the new rule came into force, was considered by following the G.A. & P.G. Department Notification dated 17.2.2020 and, accordingly, the same has been rejected on the ground that the Petitioner has not acquired the desire number of points under the new rules, 2020 for consideration of her case for appointment on compassionate ground.

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On a careful submission made by the learned counsel appearing for both the sides as well as on a careful examination of the background facts of the present case, this Court is of the

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considered view that the present case is covered by the judgments of this Court in Biswajit Swain v. State of Odisha and others (W.P.(C) No.5214 of 2021 disposed of on 31.10.2023); Suchitra Bal v. State of Odisha & Ors. (W.P.(C) No.2081 of 2021 decided on 16.03.2023); and Bindusagar Samantaray v. State of Odisha & Ors. (W.A. No.810 of 2021 decided on 25.09.2023) as well as judgment of the Hon’ble Supreme Court in Malaya Nanda Sethy vrs. State of Orissa and others, reported in 2022(II) OLR(SC)-1. Learned Additional Government Advocate also submitted that the case of the Petitioner needs to be considered in the light of the judgment of the Hon’ble Supreme Court in State of West Bengal -v.- Debabrata Tiwri, reported in 2023 (3) SCALE-557.

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In such view of the matter, this Court deems it proper to dispose of the writ petition by quashing the impugned rejection order dated 18.1.2023 under Annexure-6 to the writ petition and further the matter is remanded back to the Opposite Party No.4 to consider the case of the Petitioner in the light of the aforesaid judgments within a period of two months from the date of communication of a certified copy of this order. The final decision so taken be communicated to the Petitioner within two weeks thereafter.

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With the aforesaid observation and direction, the writ petition is disposed of.

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Urgent certified copy of this order be granted on proper application.

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Signature Not Verified

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Digitally Signed Signed by: DEBASIS AECH Designation: Secretary Reason: Authentication Location: OHC, CUTTACK. Date: 09-Dec-2023 16:29:12 Debasis

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( A.K. Mohapatra) Judge

Rekha Naik v. the Commnr.-Cum-Secy. to Govt.,Water Resources Dept.

Case brief

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Rekha Naik v. the Commnr.-Cum-Secy. to Govt.,Water Resources Dept.

Case brief

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