The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.12563 of 2024 Lingaraj Pradhan ..... Petitioner Represented By Adv. - Santosh Ku. Nanda -versus- State Of Odisha and others ..... Opposite Parties
Legal Reasoning
Represented By Adv. – Mr. D. Mohapatra, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
Decision
ORDER 21.05.2024 This matter is taken up through Hybrid mode. Heard learned counsel for the Petitioner as well as learned Order No. 01. 1. 2. counsel for the State-Opposite Parties. Perused the writ petition as well as documents annexed thereto. 3. The present writ petition has been filed by the Petitioner with the following prayers:- “It is therefore most humbly prayed before this Hon’ble court that this Hon’ble court may be pleased to issue notice to the opposite parties and upon hearing all the parties be further pleased to issue appropriate writs directing the opposite parties and most particularly OP No. 02, who is the appointing authority, to take appropriate and necessary steps for the appointment of the petitioner under the Rehabilitation Assistance Scheme under the 1990 Rules amended upto 2016 in pursuance to Page 1 of 4. order of this Hon’ble Court dated 28.11.2023 passed in W.P.(C) No. 37655 of 2023 in the light of latest law laid down by the Hon’ble Apex court as well as this Hon’ble Court. And any other order/direction as would be deemed just and proper.” 4. It is submitted by learned counsel for the Petitioner that the father of the Petitioner namely one Late Brundaban Chandra Pradhan was working as Ex-Reeler in the Office of Assistant Director of Sericulture, Chandragiri, Gajapati, died in harness on 05.05.2017. Thereafter, the present Petitioner is one of the legal heirs applied for appointment on compassionate ground on 01.08.2017. Initially the application of the Petitioner was returned for resubmission under the OCS (RA) Rules, 1990 as amended of the year 2016. Accordingly, the Petitioner resubmitted the application on 07.11.2017. Thereafter, the application was again returned on 24.02.2018 on the ground that the application of the Petitioner needs to be counter signed by the Assistant Director of Sericulture, Chandragiri and a report regarding the economic condition of the family of the deceased employee to be submitted before the Evaluation committee and it was directed to resubmit the said application after such rectification. 5. While the matter stood thus, again the application was submitted along with relevant documents on 21.04.2018. Thereafter, again the application was returned by the appointing authority to file a fresh application under the OCS (RA) Rules, 1990 as amended in the year 2016. The Petitioner again complied with the same. Finally, the application was once again returned on 23.10.2020 requesting the Petitioner to resubmit the application under the OCS (RA) Rules, 2020. And the GA & PG Notification dated 17.02.2020. Finally, the Page 2 of 4. application of the Petitioner was evaluated and it was found that the Petitioner has failed to secure the required points for being considered for appointment on compassionate ground. 6. Being aggrieved by such conduct of the Opposite Parties, the Petitioner had earlier approached this Court by filing the W.P.(C) No.37655 of 2023. This Court vide order dated 28.11.2023 disposed of the earlier writ application with a direction to reconsider the application of the Petitioner for appointment on compassionate ground and the Petitioner was asked to file a fresh representation before the competent authority. In compliance with the aforesaid order, the Petitioner submitted a representation which was duly forwarded to the appointing authority. Finally vide order dated 19.01.2024, the Director of Textile returned the letter with the observation that an action in the matter be taken by the Opposite Party-Director of Sericulture. Learned counsel for the Petitioner at this juncture submitted that the Assistant Director of Sericulture vide letter dated 03.02.2024 has complied with part of the responsibility by recommending the case of the Petitioner for consideration of his case for appointment on compassionate ground against any Group-D vacant posts. In the letter dated 03.02.2024, it has also been specifically mentioned that 8 Group-D posts are lying vacant. Accordingly, it was suggested that the case of the Petitioner may be considered against such vacancies by the Assistant Director of Sericulture vide his letter dated 03.02.2024 under Annexure-15. However, no steps have been taken by the Director as of yet. Being aggrieved by such communication to the Opposite Parties, the Petitioner has approached this Court by filing the present writ application. 7. Learned counsel for the State on the other hand submitted that the letter of the Assistant Director of Sericulture under Annexur-15 Page 3 of 4. dated 03.02.2024. Therefore, he submitted that there is still time to consider the representation of the Petitioner. On such ground, learned counsel for the State submitted that the present writ application is premature, devoid on merit and the same be dismissed at the threshold. 8. Having heard the learned counsels appearing for the respective parties on a careful examination of the background facts as well as materials on record, further taking note of the letter dated 03.02.2024 under Annexure-15, this Court deems it proper to dispose of the writ application at the stage of admission by directing the Director of Textiles and Handloom, Odisha-Opposite Party No.2 to take a final decision on the letter of the Assistant Director, Sericulture-Opposite party No.3 dated 03.02.2024 under Annexure-15 within a period of two months from the date of communication of a certified copy of this order. It is further directed that the case of the Petitioner be reconsidered for appointment against the aforesaid 8 vacancies as has been communicated in letter dated 03.02.2024. Any decision so taken by the Opposite Party No.2 be communicated to the Petitioner within ten days from the date of taking such decision. 9. With the aforesaid observation/direction, the writ petition is disposed of. Urgent certified copy of this order be granted on proper application. ( A.K. Mohapatra ) Judge S.K. Rout Signature Not Verified Digitally Signed Signed by: SANTANU KUMAR ROUT Reason: Authentication Location: High Court of Orissa, Cuttack Date: 22-May-2024 15:35:41 Page 4 of 4.