Amitab Sahu Vs State of Odisha

Heard learned counsel for the petitioner as well as learned Additional Government Advocate appearing for the State. Perused the writ petition as well as documents annexed to thereto.

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The present writ petition has been filed by the petitioner with the following prayer :

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“ It is therefore humbly prayed that this Hon’ble

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Court may graciously be pleased to issue Rule Nis calling upon the Opp.Parties to show cause as to why the appropriate writ/writs shall not be issued quashing the office order No.10094 dated 05.11.2021 under Annexure7 and the Opp.PatyNo.3 be directed to appoint the Petitioner under the Rehabilitation ad Assistance Rules, 1990 and amendment therein and on perusal of causes

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Page 1 of 4.

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shown if any or upon insufficient causes shown make the said Rule absolute and may pass any appropriate order as deemed just and proper.”

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The factual background leading to the filing of the present Writ Petition is that the father of the Petitioner was initially engaged as Helper at General Public Health Division (GPHD) on 12.08.1997. While working as such, the father of the Petitioner died in harness on 14.06.2018 leaving behind the legal heirs including the Petitioner. The Petitioner being a legal heir applied for appointment on compassionate ground under the OCS (RA) Rule, 1990 as amended upto the year 2016. Upon due scrutiny of the application of the Petitioner the Opposite Party No.3 requested the Petitioner to attend the meeting on 29.09.2021 which was communicated to the Petitioner vide letter dated 04.10.2021. Thereafter, the Opposite Party No.3 has rejected the application of the Petitioner on 05.11.2021 by applying the OCS(RA) Rule, 2020 and G.A.& P.G. Department Notification dated 17.02.2020.

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Learned counsel for the Petitioner at the outset contended that the Opposite Parties have wrongly rejected the application of the Petitioner by applying the OCS(RA) Rule, 2020. He further contended that the death of the deceased Government employee as well as the application was made prior to the date when the OCS(RA) Rule, 2020 came into force. Referring to the judgment of the Hon’ble Supreme Court as well as this Court in Malaya Nanda Sethy vrs. State of Orissa and others : reported in 2022(II) OLR(SC)-1, Suchitra Bal v. State of Odisha and others in W.P.(C) No.2081 of 2021 & batch decided on 27.06.2023 and State of Odisha and others vs. Bindu Sagar Samantaray in W.A.No.810 of 2021 , learned counsel for the Petitioner submitted that the application of the

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Page 2 of 4.

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Petitioner should have been considered under the OCS(RA) Rule, 1990. As such it was cont ended that Opposite Parties have committed illegality in rejecting the application of the Petitioner.

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Learned Additional Government Advocate on the other hand contended that the Opposite Parties have not committed any illegality in the matter. He further contended that in view of OCS(RA) Rule, 2020 as well as G.A. & P.G. Department Notification dated 17.02.2020 the application of the Petitioner was considered under the OCS (RA) Rule, 2020. He further contended that in view of Rule 6(9) of the OCS (RA) Rule, 2020 all pending applications are to be considered under the OCS(RA) Rule, 2020. In such view of the matter, learned Additional Government Advocate submitted that the Opposite Parties have not committed any illegality in the matter. He also contended that the case of the Petitioner is not covered by the judgment of the Hon’ble supreme Court in Malaya Nanda Sethy vrs. State of Orissa and others : reported in 2022(II) OLR(SC)-1. It was also contended that in the event this Court directs the Opposite Parties to reconsider the matter then the application of the Petitioner be directed to be considered in view of the decision of the Hon’ble Supreme Court in the case of State of West Bengal-v.-Debabrata Tiwari reported in 2023 (3) SCALE-557 .

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Having heard the learned counsels appearing for the respective parties, on a careful examination of the materials on record, this Court is of the considered view that there is no dispute with regard to the factual matrix of the present case. Further, it appears that the death of the deceased Government employee had occurred and the application of the Petitioner has been submitted well before the new Rule of the year 2020 came into force. Moreover, this Court in

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Page 3 of 4.

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Biswajit Swain v. State of Odisha and others in W.P.(C) No.5214 of 2021 decided on 31.10.2023 has declared the Rule 6(9) as ultra vires to Article 14 of the Constitution of India. In such view of the matter, the application of the Petitioner is required to be considered under the OCS(RA) Rule 1990 as amended up to the year 2016. Accordingly the impugned rejection order under Annexure-7 is unsustainable in law and the same is hereby quashed. Further, the matter is remanded back to Opposite Party No.3 to consider the matter in the light of the aforesaid analysis and in terms of the judgments referred to herein above by both sides and a final decision on the matter be taken by passing a reasoned and speaking order within two months from the date of communication of certified copy of this order by the Petitioner. Final decision so taken be communicated to the Petitioner within two weeks.

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With the aforesaid observation/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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( A.K. Mohapatra) Judge

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RKS

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Signature Not Verified

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Page 4 of 4. Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa Date: 19-Apr-2024 14:19:28

Amitab Sahu v. State of Odisha

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Amitab Sahu v. State of Odisha

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