The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.6597 of 2025 Manoj Kumar Mukhi ..... Petitioner Represented By Adv. - Subrat Kumar Kar State Of Odisha & Ors. ..... Opposite Parties -versus- Represented By Adv. – B.K. Sahu, A.G.A.
Legal Reasoning
CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No.
Decision
ORDER 18.03.2025 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner as well as learned Additional Govt. 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 : “The petitioner therefore prays that Your Lordship would graciously be pleased to admit this writ Petition, issue notice to the Opp. Parties, Call for the records and after hearing all the Parties, quash/set aside the order dated 21.02.2024 passed by Op.No.4, under Annexure-11, by issuing Writ/Writs in the nature of Mandamus/Certiorari, in the greater interest of Justice. And further be please to give appropriate direction to the Op.No.4 to considered the case of the petitioner for his Page 1 of 5. appointment as a sweeper in place of his father in pursuance to the Judgment dated 31.10.2023 passed in W.P.C. No. 5214/2021, in the greater interest of Justice. And pass any other order(s) direction (s) as this Hon'ble Court may deem fit and proper.” 4. It is stated by learned counsel for the Petitioner that the father of the Petitioner, while working as a Govt. servant, died in harness on 01.07.2016 leaving behind his legal heirs including the present petitioner. Thereafter, the present petitioner, with the consent of other family members, made an application for an appointment on compassionate ground on 19.08.2016. Learned counsel for the petitioner further contended that all requisite documents were filed along with an application to consider the case of the Petitioner for appointment on compassionate ground under the OCS (RA) Rules, 1990 as amended in the year 2016. He further contended that the on 01.12.2016, the Petitioner was appointed on temporary basis. Again on 26.10.2017, the Petitioner approached the Opposite Parties for compassionate appointment in place of his deceased father under the OCS (RA) Rules, 1990. Although his application was forwarded by the Superintendent of Sub-Jail, Karanjia to the Senior Superintendent of Circle Jail, Baripada on 27.11.2017, however, no action was taken on such application of the Petitioner. Finally, the petitioner submitted a representation to the Senior Superintendent of Circle Jail, Baripada under Annexure-10 to the writ application. Consequently, the prayer of the Petitioner for appointment on compassionate ground under the OCS (RA) Rules, 1990 was rejected by the Opposite Party No.4 vide his order dated 21.02.2024 under Annexure-11. Further, referring to the order under Annexure-11, learned counsel for the Petitioner contended that the application of the Petitioner has been rejected by Page 2 of 5. considering his case under the OCS (RA) Rules, 2020. Being aggrieved by the rejection of his application for appointment on compassionate ground vide order dated 21.02.2024, the Petitioner has approached this Court by filing the present writ application. 5. 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 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 the deceased government employee and the date of application, the application of the Petitioner should have been considered under the OCS (RA) Rules, 1990. Further, referred to 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, learned counsel for the petitioner submitted that the Opposite Parties have committed an illegality by rejecting the application of the Petitioner for appointment on compassionate ground vide under Annexure-11 to the writ application. 6. Learned Additional Standing Counsel on the other hand contended that the application of the Petitioner has been duly considered in accordance with rules that were in force at the time of Page 3 of 5. consideration of his application. Finally, vide order dated 21.02.2024, the Opposite Party No.4 has rejected the application of the Petitioner as the Petitioner has failed to secure the minimum qualifying marks as is required under the under the OCS (RA) Rules, 2020. In such view of the matter, learned Additional Standing Counsel submitted that the Opposite Parties have not committed any illegality in rejecting the application of the Petitioner and that such rejection order does not call for any interference by this Court in the present writ application. Accordingly, it was prayed that the present writ application, being devoid of merit, is liable to be dismissed. 7. Having heard the learned counsels appearing for the respective parties as well as on a careful examination of the background facts of the present case, further taking note of the fact that the application of the Petitioner for appointment on compassionate ground has been rejected by applying the under the OCS (RA) Rules, 2020, this Court is of the considered view that the law in this regard is no more res integra. Further, this Court observes that in the above noted judgment of the Hon’ble Supreme Court as well as of this Court, the law with regard to appointment on compassionate ground and the applicability of the rules has already been laid down by the Hon’ble Supreme Court as well as this Court. Taking into consideration the above noted judgment, this Court is of the view that the impugned rejection order dated 21.02.2024 under Annexure-11 is unsustainable in law, accordingly, the same is hereby set aside. Further, the matter is remanded back to the Opposite Party No.4 to reconsider the case of the Petitioner for appointment on compassionate ground by applying the provisions of the OCS (RA) Rules, 1990 as amended up to the year 2016. Accordingly, the Petitioner is directed to approach the Page 4 of 5. Opposite Party No.4 within a period of two weeks from today along with a copy of today’s order. In such eventuality, the Opposite Party No.4 shall do well to consider the case of the Petitioner by passing a speaking and reasoned order within a period of three months from the date of communication of certified copy of today’s order by the Petitioner. The final decision so taken by the Opposite Party No.4 be communicated to the Petitioner within a period of ten days from the date of taking such a decision. 8. With the aforesaid observations/ directions, the writ application stands disposed of. Issue urgent certified copy of this order as per Rules. Anil ( A.K. Mohapatra ) Judge Signature Not Verified Page 5 of 5. Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 19-Mar-2025 14:06:25