Remanded

Basudev Naik v. State of Odisha

Orissa HC4 Mar 2024WP(C)/4308/2024

Case brief

AI extract

What is this about?

The High Court of Odisha, in a writ petition regarding rejection of a compassionate appointment application, set aside the impugned decision and remanded the case for fresh consideration by the authorities within two months.

What did the court decide?

Impugned order dated 04.12.2023 set aside; matter remanded for fresh consideration within two months; speaking order passed within two months.

Basudev Naik Vs State of Odisha — Pension and Retirement Benefits | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.4308 of 2024

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Basudev Naik

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…. Petitioner Mr.J.R.Dash, Advocate

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-versus-

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State of Odisha and others

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Opp. Parties Mr. S. Das, A.G.A.

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CORAM:

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JUSTICE A.K. MOHAPATRA

ORDER

Order No.

04.03.2024

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

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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 in the Writ Petition.

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The present writ petition has been filed by the petitioner with a prayer to quash the letter dated 04.12.2023 under Annexure-4 and to reconsider the application of the Petitioner for appointment under Rehabilitation Assistance Scheme under the OCS (R.A.) Rules, 1990.

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It is submitted by learned counsel for the petitioner that the father of the petitioner, Late Kapilash Naik, who was working as a regular Sweeper under the Kendrapara Municipality died in harness on 04.06.2010. Thereafter, the application of the Petitioner, being the son of the deceased Government employee, forwarded to the Collector by Executive Officer, Kendrapara Municipality, Opposite Party No.3 on 04.04.2011 along with all documents for compassionate appointment under OCS (RA) Rule, 1990 with the consent of no objection of his mother. Further, the Opposite Party No.3 made a request to the Opposite Party No.2 i.e. H. & U.D., State Govt. to appoint the

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Petitioner on 03.02.2012. Further, it is submitted by learned counsel for the petitioner that the application of the petitioner has been rejected by the Opposite Party No.2 by the impugned letter dated 04.12.2023 under Annexure-4.

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In course of his argument, learned counsel for the petitioner referred to the judgment of the Hon’ble Supreme Court in the case of Malaya Nanda Sethy vrs. State of Orissa and others : reported in 2022(II) OLR(SC)-1 and State of West Bengal-v.-Debabrata Tiwri passed in Civil Appeal No.8842 of 2022 decided on 3^rd of March, 2023 reported in (2023 (3) SCALE-557 decided by the Hon’ble Supreme Court and the judgment of this Court in Suchitra Bal vs. State of Odisha & ors. by a Division Bench of this Court in W.P.(C) No.2081 of 2021 decided on 16.03.2023 as well as Bindusagar Samantaray vs. State of Odisha & ors. by a Division Bench of this Court in W.A. No.810 of 2021 decided on 25.09.2023 and submitted before this Court that taking into consideration the date of death of deceased government employee and the date of application, the application of the Petitioner should have been considered in the OCS (RA) Rules, 1990. Further, referred that the judgment of this Court in the case of Biswajit Swain vs. State of Odisha and others in W.P.(C) No.5214 of 2021 decided on 31.10.2023, wherein this Court has already declared the Rule-6 (9) of the OCS (RA) Rules, 2020 was ultra vires. In such view of the matter, he submitted that the Opposite Parties have committed an illegality by rejecting the application of the Petitioner for appointment on compassionate ground vide under Annexure-4 to the writ application.

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Learned Additional Government Advocate appearing for the State, on the other hand, submits that during the pendency of the application submitted by the petitioner for appointment on

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compassionate ground, a new rule was enacted in the year 2020. Therefore, the authorities, by referring to the new rules, have rejected the application of the petitioner. He further submits that he has no objection, if a direction is given to the authorities to consider the grievance petition of the petitioner in accordance with law within a stipulated period of time.

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Considering the submissions made by the respective parties, this Court deems it proper to dispose of the application at the stage of admission by setting aside the impugned order dated 04.12.2023 of Opposite Party No.2 under Annexure-4 and further remand the matter back to the Opposite Party No.2 to consider the application of the petitioner afresh in the light of the law laid down of the Hon’ble Supreme Court as well as this Court which are discussed hereinabove and the petitioner is directed to approach the Opposite Party No.2 along with certified copy of this order within a period of two weeks from today. On appearance of the petitioner, Opposite party No.2 shall do well to consider the case of the petitioner and dispose of the matter by passing a speaking and reasoned order in accordance with law within a period of two months. Any decision so taken on the same shall be communicated to the petitioner within a period of ten days thereafter.

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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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Signature Not Verified

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Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 11-Mar-2024 09:39:47

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Anil

Basudev Naik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Basudev Naik v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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