The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.6762 of 2025 Krushna Kumari Das ..... Petitioner Represented By Adv. - Subash Chandra Puspalaka -versus- 1) State Of Odisha 2) The D.g Of Police, Cuttack 3) The Supdt. Of Police, Mayurbhanj ..... Opposite Parties Represented By Adv. – Mr.M.R.Mohanty,AGA
Decision
CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 12.03.2025 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner as well as the learned Additional Government Advocate. Perused the Writ Petition as well as the documents annexed thereto. 3. The Petitioner has filed the present Writ Petition with the following prayer: “ The petitioner therefore prays that your Lordships may be pleased to consider the facts stated above, admit the writ application, call for the records and after hearing the parties, the order dated 05.11.2024 passed by the Superintendent of Police, Mayurbhanj may kindly be quashed and further the Superintendent of Police, Mayurbhanj may kindly be directed to reconsider the case of the Petitioner for compassionate appointment in terms of Rehabilitation Assistance Scheme/Rule 1990 and to give her appointment in any Class-III Page 1 of 4. post or else she will be seriously prejudiced. Any other order/orders may kindly be passed as this Hon’ble Court would deem just and proper.” 4. Learned counsel for the Petitioner at the outset contended that the father of the Petitioner namely, Ram Shankar Das, who was working as Club Attendant at Reserve Police Line, Baripada died in harness on 23.07.2015 leaving behind his legal heirs including the present Petitioner. He further contended that the after the death of the Government employee, the Petitioner being one of the legal heirs submitted an application for appointment under compassionate ground under OCS(RA) Rule, 1990 on 15.10.2015. Thereafter the Additional Superintendent of Police, Mayurbhanj issued a letter to the mother of the Petitioner on 08.04.2016 to ascertain her willingness to be considered for appointment on compassionate ground. In reply to the said letter, the mother of the Petitioner refused to be appointed on compassionate ground and recommended the name of the Petitioner for appointment on compassionate ground. 5. Consequently, an enquiry was conducted by the Tahsildar to ascertain the distress condition of the family as is required under the Rule. Thereafter the Petitioner approached this Court by filing W.P.(C) No. 18069 of 2024 for a direction to the Opposite Parties to consider the case of the Petitioner for appointment on compassionate ground under OCS(RA) Rule, 1990. A coordinate Bench of this Court on 02.08.2024 disposed of the aforesaid Writ Petition by directing the Opposite Party No.3 to consider the case of the Petitioner taking into account the document under Annexure-6 to the Writ Petition within a period of eight weeks. After disposal of the aforesaid Writ Petition on 02.08.2024 although the case of the Petitioner was considered, Page 2 of 4. however the same has been rejected vide order dated 02.08.2024. Learned counsel for the Petitioner at this juncture contended that the application of the Petitioner was rejected by following OCS(RA) Rule, 2020 and G.A. Department Notification dated 17.02.2020. 6. In the aforesaid context, learned counsel for the Petitioner drawing the judgment of 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, State of Odisha and others vs. Bindu Sagar Samantaray in W.A.No.810 of 2021 and Biswajit Swain v. State of Odisha and others in W.P.(C) No.5214 of 2021 decided on 31.10.2023 contended that since the father of the Petitioner died before the new Rule came into force the application of the Petitioner should have been considered under the OCS(RA) Rule, 1990, however the Opposite Parties have committed an illegality in rejecting the application of the Petitioner under OCS(RA) Rule, 2020. 7 Learned Additional Government Advocate on the other hand contended that pursuant to the order passed by this Court in the earlier Writ Petition, the claim of the Petitioner for compassionate ground was duly considered by the Opposite Parties and vide a speaking order dated 05.11.2024 the claim of the Petitioner has been rejected by assigning reason. In such view of the matter, learned Additional Government Advocate submitted that the present Writ Petition is devoid of merit and accordingly the same is dismissed. Page 3 of 4. 8. Having heard learned counsels for the respective parties, on careful examination of the documents on record, this Court observes that the only question that is required to be determined in the present case is with regard to applicability of the Rule taking into consideration the factual background of the present case. This Court also observes that the issue involved in the present Writ Petition has been specifically answered by the Hon’ble Supreme Court as well as this Court. Moreover in Biswajit Swain’s case (supra) it has already held that the provision under section 6(9) of the 2020 Rules to be ultra vires of Articles 14 & 16 of Constitution of India. 9. In view of the aforesaid analysis and in view of the settled position of law, this Court disposes of the Writ Petition at the stage of admission by quashing the impugned order dated 05.11.2024. Accordingly, the same is hereby quashed. The matter is remanded back to Opposite Party No.3 to reconsider the case of the Petitioner in the light of the ratio laid down in the aforesaid judgments within a period of three months from the date of communication of certified copy of this order. The grievance of the Petitioner shall be redressed by a speaking and reasoned order. The final decision be communicated to the Petitioner within 10 days from the date of taking such decision. 10. With the aforesaid observation/direction, the Writ Petition stands disposed of. 11. Issue urgent certified copy of this order as per Rules. RKS ( A.K. Mohapatra ) Judge Signature Not Verified Page 4 of 4. Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa Date: 13-Mar-2025 16:32:23