The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.11455 of 2025 Kanhu Naik @ Kanhu Nayak ..... Petitioner Represented By Adv. – Mr. Ashok Kumar Behera State of Odisha and others ..... Opposite Parties -versus- Represented By Adv. –
Legal Reasoning
Mr. Samresh Jena, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No. 01. 1. This matter is taken up through Hybrid mode.
Decision
ORDER 30.04.2025 2. Heard learned counsel for the Petitioner as well as learned counsel 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 prayers:- “In view of the facts and circumstance stated above, the Petitioner humbly prays that this Hon’ble Court may graciously be pleased to: i) Quash the letter of refusal by declaring the petitioner as ineligible to get appointment under Rehabilitation Assistance Scheme vide letter No.5260 dated 08.06.2022, under annexure-8 issued by the Opp. Party No.3 by treating the case of the petitioner under the Rule 2020, after keeping pending and harassing since 2017; ii) Issue a writ of mandamus or any other appropriate writ/writs directing the Opposite Parties to Page 1 of 4. the petitioner under the consider and appoint Rehabilitation Assistance Scheme under the old Rules of the year 1990; iii) And may pass any other order/orders as may be deemed fit and proper in the interest of justice.” 4. It is stated by the learned counsel for the Petitioner that the father of the Petitioner, namely, Late Kalajira Naik, who was working as a Sweeper in Sub-Jail, G. Udayagiri, died in harness on 01.07.2007. He further contended that the Petitioner was a minor then and attained the age of majority on 17.10.2007. On attaining the age of majority, he submitted an application for appointment on compassionate ground under the O.C.S. (R.A.) Rules, 1990. However, it is alleged that such application was neither considered nor any appointment was given till 2017 on the ground that the application submitted by the Petitioner was not traceable in the office of the Opposite Party and the Petitioner was advised to submit a fresh application. Accordingly, the Petitioner submitted a fresh application on 16.05.2017. He further contended that the fresh application which was submitted on 16.05.2017 was considered and forwarded to the competent authority for consideration. Thereafter, the Petitioner was asked to appear before the Screening Committee on 27.09.2018 and, accordingly, the Petitioner appeared before such Screening Committee. Thereafter, no decision was taken and the Opposite Parties sat over the matter for a couple of years. Finally, on 01.02.2021, the Senior Superintendent of Circle Jail, Berhampur forwarded the application to the office of the Director General of Prisons to consider the application of the Petitioner for appointment under the Rehabilitation Assistance Scheme. While such application was pending before the Director General of Prisons, the Page 2 of 4. O.C.S. (R.A.) Rules, 1990 was amended by virtue of the O.C.S. (R.A.) Rules, 2020 and the same was duly notified by the Government on 17.02.2020. Finally, the application of the Petitioner was rejected vide order dated 08.06.2022 by applying the provisions of the O.C.S. (R.A.) Rules, 2020. Being aggrieved by such rejection, the Petitioner has approached this Court by filing the present writ petition. 5. In course of his argument, learned counsel for the Petitioner submitted that, in view of the amendment of the provision under Section-6(9) of the O.C.S. (R.A.) Rules, 2020 by virtue of the G.A. & P.G. Department Notification dated 04.04.2025, the case of the Petitioner is required to be reconsidered in terms of such amended rule by the Government. He further contended that otherwise the case of the Petitioner is required to be considered in view of the judgment of the Hon’ble Supreme Court in Malaya Nanda Sethy v. State of Orissa and others, reported in 2022(II) OLR (SC)-1 as well as the judgments of this Court in Bindusagar Samantaray v. State of Odisha & Ors. (W.A. No.810 of 2021 decided on 25.09.2023) and in Biswajit Swain v. State of Odisha and others (W.P.(C) No.5214 of 2021 disposed of on 31.10.2023). 6. Learned counsel for the State, on the other hand, submitted that the as the Rule-6(9) of the O.C.S. (R.A.) Rules, 2020 has already been amended vide G.A. & P.G. Department Notification dated 04.04.2025, it is open to the Petitioner to approach the Opposite Parties again and in such eventuality the Opposite Parties shall consider the case of the Petitioner strictly in terms of the G.A. & P.G. Department Notification dated 04.04.2025. 7. Taking into consideration the submissions made by the learned Page 3 of 4. counsel appearing for the respective parties, on a careful examination of the facts and circumstances of the case, further keeping in view the judgment of the Hon’ble Supreme Court as well as the judgments of this Court and the fact that the Rule-6(9) of the O.C.S. (R.A.) Rules, 2020 has been amended in the meantime, this Court is of the view that the impugned rejection order dated 08.06.2022 under Annexure-8 is unsustainable in the eye of law. Accordingly, the same is hereby quashed. Accordingly, the matter is remanded back to the Opposite Party No.2-Director General of Prisons and D.C.S., Odisha, Prisons Directorate, Bhubaneswar to consider the case of the Petitioner afresh in terms of the G.A. & P.G. Notification dated 04.04.2025 within a period of three months from the date of communication of a certified copy of this order. Further, it is made clear that the case of the Petitioner shall be considered strictly in terms of the O.C.S. (R.A.) Rules, 1990 by passing a speaking and reasoned order. The final decision so taken by the Opposite Party No.2 shall be communicated to the Petitioner within ten days thereafter. 8. With the aforesaid observation and direction, the writ petition stands disposed of. ( Aditya Kumar Mohapatra ) Judge Debasis Signature Not Verified Digitally Signed Signed by: DEBASIS AECH Reason: Authentication Location: ORISSA HIGH COURT Date: 02-May-2025 20:02:58 Page 4 of 4.