The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.8972 of 2024 Suman Das ..... Petitioner Represented By Adv. – Mr. Sukanta Kumar Mishra State Of Odisha and others ..... Opposite Parties -versus- Represented By Adv. – M. Saswat Das, A.G.A.
Legal Reasoning
CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No.
Decision
ORDER 15.04.2024 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 Government Advocate appearing for the Stat- Opposite Parties. Perused the writ petition as well as the documents annexed thereto. 3. The writ petition has been filed by the Petitioner with the following prayers:- it “Under the above circumstances, is therefore humbly prayed that this Hon’ble Court may be graciously pleased to quash the order dated 23.05.2023 under Annexure-11 and direct the Opposite Parties to appoint the Petitioner under the Rehabilitation Assistance Scheme i.e. under The Odisha Civil Services (Rehabilitation Page 1 of 5. Assistance) Rules, 1990 and to grant him all consequential service and financial benefits to save the petitioner and his family from further suffering; pass And/or appropriate any writ/writs, order/orders and direction/directions in the fitness of the case.” other 4. It is submitted that the learned counsel for the Petitioner that the father of the present Petitioner, who was working as a Laboratory Technician under the C.D.M.O., Angul, died in harness on 27.06.2016 leaving behind his legal heirs including the present Petitioner. Thereafter, the present Petitioner being the legal heir of his deceased father submitted an application through the prescribed format along with relevant documents for appointment on compassionate ground under the O.C.S. (R.A.) Rules, 1990 as amended upto the year 2016 within stipulated time before the authority concerned. He further contended that since the mother of the present Petitioner was available, on the instruction of the authorities, the mother of the Petitioner was examined medically and in view of the certificate issued by the C.D.M.O., Angul dated 10.01.2017, it was found that the mother of the Petitioner was unfit for any job. He further contended that an inquiry was also conducted by the Opposite Parties with regard to the distressful condition of the family. A report was also submitted stating therein that the family of the deceased Government employee is in a distressful condition. 5. In the aforesaid factual background, it was submitted that the application of the Petitioner was forwarded to the Competent Page 2 of 5. Authority for consideration of the case of the Petitioner for appointment on compassionate ground. However, the Opposite Party No.4 has rejected the application of the Petitioner under Annexure-11 to writ application vide order dated 23.05.2023 by applying the O.C.S. (R.A.) Rules, 2020. Learned counsel for the Petitioner in the course of his argument, referring to the judgment of the Hon’ble Supreme Court in Malaya Nanda Sethy vrs. State of Orissa and others, reported in 2022(II) OLR(SC)-1 as well as judgments of this Court in Biswajit Swain v. State of Odisha and others (W.P.(C) No.5214 of 2021 disposed of on 31.10.2023), Suchitra Bal v. State of Odisha & Ors. (W.P.(C) No.2081 of 2021 decided on 16.03.2023), and Bindusagar Samantaray v. State of Odisha & Ors. (W.A. No.810 of 2021 decided on 25.09.2023), submitted before this Court that it is a settled position of law that if the Government servant has died prior to the new rule came into force and the legal heir has submitted application much prior to the new rule came into existence, then such application shall be considered under the rules which was prevailing at the time of such stage. Therefore, the case of the Petitioner under the OCS (RA) Rules, 1990 as amended in the year 2016 is relevant and the application of the Petitioner is required to be considered in the said rule. In such view of the matter, it was submitted that the Opposite Parties have committed an illegality by rejecting the application of the Petitioner by applying OCS (RA) Rules, 2020. 6. Learned Additional Government Advocate appearing for the State-Opposite Parties, on the other hand, contended that in Page 3 of 5. view of Rule-6(9) of the OCS (RA) Rules, 2020 all pending application were to be considered under new rules of the year 2020 in view of the G.A. & P.G. Department Circular dated 17.2.2020. He further contended that the Opposite Parties have not committed any illegality in rejecting the case of the Petitioner while considering the same under the provisions of the OCS (R.A.) Rules, 2020. On such grounds, Learned Additional Government Advocate submitted that the present writ application is devoid of merit and, accordingly, the same should be dismissed. 7. Having heard the learned counsels appearing for the respective parties and on a careful examination of the background facts as well as the materials on record, this Court observes that there is no dispute with regard to the factual dispute of the present case. So far the date of death of the Government employee as well as date of application for compassionate appointment is concerned, it appears that the same was made prior to the new rules, 2020 came into force. It also appears that the mother of the Petitioner was found unfit for any job and that the competent authority after conducting an inquiry has come to a conclusion that the family is in distressful condition. Further taking into consideration the settled position of law as has been referred to hereinabove in the above cited judgments, this Court is of the view that the application of the Petitioner should have been considered under the OCS (R.A.) Rules, 1990 as amended upto the year 2016. Page 4 of 5. 8. In such view of the matter, this Court is of the considered view that the impugned rejection order dated 23.5.2023 under Annexure-11 is unsustainable in the eye of law and, accordingly, the same is hereby set aside and the matter is remanded back to the Opposite Party No.4 to consider the matter afresh in the light of the judgments referred to hereinabove by applying the OCS (R.A.) Rules, 1990 as amended upto the year 2016 and a final decision be taken within a period of two months from the date of communication of a certified copy of this order. The final decision so taken be communicated to the Petitioner within a week from the date of taking such decision. 9. With the aforesaid observation/direction, the writ application stands disposed of. Debasis ( A.K. Mohapatra ) Judge Signature Not Verified Digitally Signed Signed by: DEBASIS AECH Reason: Authentication Location: OHC, CUTTACK. Date: 19-Apr-2024 19:30:14 Page 5 of 5.