The High Court
Case Details
Order No. 01. IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.1460 of 2024 Radheshyam Karmi State of Odisha & others -versus- …. Mr. Kirtan Dang, Advocate Petitioner ….
Legal Reasoning
Opposite Parties Mr. S. Das, A.G.A. CORAM: JUSTICE A.K. MOHAPATRA
Decision
ORDER 30.01.2024 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner as well as learned Additional Government Advocate for the State-Opposite Parties. Perused the Writ Petition as well as the documents annexed thereto. 3. The present Writ Petition has been filed by the Petitioner with the following prayer : to admit “Therefore, it is respectfully prayed that this Hon'ble Court may graciously be pleased this writ Application issue Rule NISI for calling upon the Opp. Parties particularly opp. Party No.4 for show cause as to why the direction will not be issued for providing Compassionate Appointment to the petitioner under Rehabilitation Assistance Schemes as per Odisha Rehabilitation Assistance Rules, 1990. This Hon'ble Court may make its rule absolute if no Show Cause or insufficient show cause is filed by the said opp. Party. This Hon'ble court may hear the matter from the parties and direct in the writ of mandamus to the opp. party No.4 for providing Compassionate Appointment under Rehabilitation Assistance Scheme to the petitioner immediately as the opp. Party No.5 has sent the R.A. application of the petitioner as well as proposals to the said opp. Party No.4 through letter dtd.26.02.2019 under Annexure-5 series within a stipulated time for the interest of justice. It is further prayed that this Hon'ble Court may be pleased // 2 // to direct any other appropriate direction(s) or pass any other suitable orders or pass any other appropriate writ/writs as this Hon'ble Court may deem fit just and proper.” 4. It is stated by learned counsel for the Petitioner that the father of the Petitioner, namely, one Netrananda Karmi, died in harness on 11.03.2018. Thereafter, the petitioner being one of the legal heirs applied for a job under the Rehabilitation Assistance Scheme. The application of the Petitioner was duly forwarded by the Executive Engineer, Bolangir, Lower Suktel R.R.C.&B Division to the Chief Construction Engineer for approval on 22.09.2018. Thereafter, the Petitioner was intimated by the Executive Engineer to produce an unfitness certificate of the mother of the Petitioner as she is having preferential right to be considered for appointment under Rule 2(b) of the OCS (RA) Rules, 1990. Accordingly, the Executive Engineer informed the C.D.M.O., Sambalpur for examination of the mother of the Petitioner vide letter dated 07.12.2018. Medical Board towards constituted examined the mother of the Petitioner and it was found that she is unfit for any official job. A certificate dated 04.02.2019 to that effect under Annexure-5 to the writ application has been filed before the authorities for consideration. In the aforesaid context, learned counsel for the petitioner submitted that the case of the Petitioner is required to be considered under the OCS (RA) Rules, 1990 by taking into consideration the fact that the mother of the Petitioner is unfit to discharge any official duties. Accordingly, it was prayed that the Opposite Parties be directed to consider the case of the Petitioner within a stipulated period of time and in terms of the OCS (RA) Rules, 1990. 5. Learned Additional Government Advocate, on the other hand contended that no decision has been taken on the application of the Petitioner for appointment on compassionate ground. He further submitted that the unfitness certificate of the mother of the Petitioner was produced after the Petitioner submitted his application for being // 3 // considered for appointment on compassionate ground. In such view of the matter, learned counsel for the State took a plea that the mother of the Petitioner was fit at the time of the submission of the application. In such view of the matter, learned Additional Government Advocate submitted that the case of the Petitioner does not deserve to be considered under the OCS (RA) Rules, 1990 as his mother is alive and he was fit on the date of application to discharge any duties. He further submitted that the present writ application is devoid of merit and accordingly the same should be dismissed. 6. Having regard the submissions of learned counsels appearing for the respective parties and on a careful examination of the background facts of the present case as well as materials on record, this Court is of the considered view that the preferential right that accrued in favour of the mother in view of the provision contained in rule 2 (b) is extinguished in view of the unfitness of the mother, which have been duly certified by the any medical board constituted for the purpose. Therefore, in the absence of other legal heirs the case of the petitioner is to be considered by the authority for appoint on compassionate ground subject to petitioner’s eligibility and suitability. In such view of the matter, this Court deems it proper to dispose of the writ application at the stage of admission by directing the Opposite Parties to consider the case of the Petitioner in terms of the OCS (RA) Rules, 1990 within a period of two months from the date of communication of certified copy of this order. It is further directed while considering the case of the Petitioner the Opposite Parties shall also take into consideration the law laid down by 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 Tiwari reported in (2023 (3) SCALE-557 as well as in Suchitra Bal vs. State of Odisha & ors. by a Division Bench of this Court in W.P.(C) No.2081 of // 4 // 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 a judgment of this Court in Biswajit Swain vs. State of Odisha and others in W.P.(C) No.5214 of 2021 decided on 31.10.2023. The decision so taken by the Opposite Parties be communicated to the Petitioner within a period of a week from the date of taking such a decision. 7. With the aforesaid observations/ directions, the writ application stands disposed of. 8. Issue urgent certified copy of this order as per Rules. Anil ( A.K. Mohapatra ) Judge Signature Not Verified Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 02-Feb-2024 17:59:59