The High Court
Case Details
Order No. 01. IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.1463 of 2024 Rakesh Ranjan Pradhan State of Odisha & others -versus- …. Mr. Kirtan Dang, Advocate Petitioner ….
Legal Reasoning
Opposite Parties Mr. D. Nayak, 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.6 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.6 for providing Compassionate Appointment under Rehabilitation Assistance Scheme to the petitioner immediately as the opp. Party No.2 has sent the R.A. application of the petitioner as well as proposals to the said opp. Party No.6 through letter dtd.06.04.2018 under Annexure-8 within a stipulated time for the interest of justice. It is further prayed that this Hon'ble Court may be // 2 // pleased 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.” It is stated by learned counsel for the Petitioner that the father of 4. the Petitioner, namely, one Gopabandhu Pradhan, died in harness on 10.09.2014. Thereafter, the present petitioner obtained a legal heir certificate and submitted an application for appointment on compassionate ground under the Rehabilitation Assistance Scheme. The application submitted by the Petitioner was forwarded by the Chief Construction Engineer, Lower Suktel Project, Balangir to the Collector & District Magistrate, Angul for approval on 26.04.2017. Thereafter, the Additional District Magistrate, Angul returned the RA application of the Petitioner with an observation that certain relevant documents have not submitted along with the application for appointment under the RA scheme, with a further request to file a fresh proposal vide his letter dated 17.05.2017. 5. While the matter stood thus, the Chief Construction Engineer, Balangir returned the RA application of the Petitioner for re-submission of the same along with other relevant documents on 29.05.2017. Thereafter, the Petitioner re-submitted his application for appointment on compassionate ground along with requisite documents. Such application was again forwarded to the Collector, Angul on 09.06.2017. The Chief Construction Engineer, Balangir wrote a letter to the Tahasildar, Pallahara on 21.12.2017 with a request to submit the enquiry report with regard to the condition of the Petitioner’s family and for verification of the legal heir certificate. After the aforesaid verification, the Chief Construction Engineer re-submitted the RA application of the Petitioner to the Engineer-in-Chief, Water Resources, Odisha, Bhubaneswar for consideration on 21.02.2018 under Annexure- 7 to the writ application. 6. While the matter stood thus, finally, the Director, Water // 3 // Resources Dept., Odisha, Bhubaneswar remitted to the matter to the Chief Construction Engineer, Lower Suktel Project, Balangir vide his letter dated 06.04.2018 with a suggestion for taking a final decision as per G.A. and P.G. Dept. notification dtd.05.11.2016 and clarification dtd.26.07.2017 under Annexure-8 to the writ application. Learned counsel for the Petitioner at this juncture submitted that till date the Petitioner has not been communicated anything about his application and he is not aware of the fate his application as of now. 7. Learned Additional Government Advocate, on the other hand contended that from the documents filed along with the writ application it appears that the matter is still pending before the Chief Construction Engineer, Lower Suktel Project, Balangir i.e. Opposite Party No.6. Further, referring to under Annexure-8 to the writ application, learned Additional Government Advocate submitted that the Director Personnel, Water Resources, Odisha, Bhubaneswar has informed the Chief Construction Engineer, Lower Suktel Project, Balangir to take a final decision in the matter while returning the RA proposal of the present petitioner vide his letter dated 06.04.2018. He further contended that assuming no decision has been taken by the Opposite Party No.6, this Court can very well dispose of the matter by directing the Opposite Party No.6 to take a decision pursuant to the letter under Annexure-8 to the writ application, if the same is still pending, within a stipulated period of time and he will have no objection to the same. 8. 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 deems it proper to dispose of the writ application at the stage of admission by directing the Opposite Party No.6 to take a decision on the application of the Petitioner for appointment on compassionate ground in terms of the OCS (RA) Rules, 1990 within a period of two months from the date // 4 // 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 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. 9. With the aforesaid observations/ directions, the writ application stands disposed of. 10. 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