The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.14150 of 2023 Satyajit Basti …. Petitioner Mr. S.Roy,Advocate -versus- OSD-Cum-Secretary Odisha Legislative Assembly, BBSR …. Opposite Party
Legal Reasoning
Mr. S.Das, A.G.A. CORAM: JUSTICE A.K.MOHAPATRA Order No.
Decision
ORDER 28.02.2024 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 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 prayed that this Hon'ble Court may graciously be pleased to admit the writ petition and issue Rule "NISI" to the Opp. Parties to show cause as to; (i) Why the impugned order dated 17.03.2023 under Annexure-7 passed by the Opposite Party rejecting the claim of the petitioner in the facts and circumstances of the case will not be declared as illegal and liable to be set aside/quashed; and (ii) Why the Opposite Party will not be directed to provide compassionate appointment to the petitioner under the OCS (RA) Rules, 1990 Rules within a stipulated time; and And if the Opp. Parties do not show cause then the Rule be made absolute by issuing appropriate writ /writs and any other order as deem fit be passed.” // 2 // 4. Learned counsel for the petitioner submitted that father of the petitioner, who was working as a Cook under the Opposite Party No.1, died in harness 21.09.2023. Thereafter, the petitioner after obtaining a No Objection Certificate from other legal heirs submitted an application for appointment on compassionate ground on 25.01.2017. The Opposite party No.1 kept the application pending for a long time and finally vide order dated 27.07.2022 under Annexure-5 to the writ application the application of the petitioner has been rejected by the applying O.C.S. (RA) Rules, 2020 vide order dated 27.07.2022 5. Challenging the aforesaid order the petitioner earlier approached this Court by filing W.P.(C) No.33840 of 2022. This Court by a detailed order disposed of the writ application vide order dated 16.12.2022 with a direction to the Opposite Parties No.1 to consider the case of the petitioner in the light of the law laid down by the Apex Court by in Malaya Nanda Sethy vrs. State of Orissa and others : reported in 2022(II) OLR(SC)-1, Within a period of two months. 6. After disposal of the aforesaid writ application the petitioner again approached the Opposite party No.1, who, vide order dated 17.03.2023 under Annexure-7 to the writ application, again rejected the application of the petitioner by applying O.C.S.(RA) Rules, 2020 and in view of the GA & PG Department resolution dated 17.02.2020. Being aggrieved by such conduct of the Opposite Parties the petitioner has approached this Court by filing the present writ application. Page 2 of 4 // 3 // 7. Heard Sri. S.Palit, learned senior counsel appearing for the Opposite Party No.1. Perused the writ application filed by the Opposite Party No.1. On a careful consideration of the submissions made by Mr. Palit, learned senior counsel as well as the counter affidavit, it appears that the Opposite Party No.1 has analyzed the law and they have found that the judgment in NC Santosh’s case being a judgment by a bench larger than the bench which delivered the judgment in Malaya Nanda Sethy’s case (supra), the judgment in NC Santosh’s case shall hold precedence. In such view of the matter, learned senior counsel appearing for the Opposite Party No.1 submitted that the Opposite Parties are bound by the O.C.S. (RA) rules, 2020 as well as GA & PG Department resolution dated 17.02.2022. Accordingly, it was submitted that Opposite Parties have not committed any illegality in rejecting the application of the petitioner. 8. Having heard the learned counsels appearing for the respective parties and on a careful examination of the background facts as well as materials on record this Court observes that only issue that is required to be decided in the present writ application is with regard to the applicability of the appropriate RA Scheme to the case of the present petitioner. On a careful consideration of the factual background this Court observes that it is not disputed that the father of the petitioner died in harness on 21.09.2016. Further the petitioner had submitted his application on 25.01.2017 which is much prior to the date on which the O.C.S. (RA) Rules, 2020 came into force. This Court further observes that the law with regard to the above issue is no more res integra. The law laid down by Hon’ble Supreme Court in Malaya Nanda Sethy’s case (supra) has been Page 3 of 4 // 4 // followed by the Division bench of this Court in at least two judgments in Suchitra Bal v. State of Odisha and others in W.P.(C) No.2081 of 2021 & batch decided on 27.06.2023, and State of Odisha and others vs. Bindu Sagar Samantaray in W.A.No.810 of 2021 Further in Biswajit Swain vs. State of Odisha and others in W.P.(C) No.5214 of 2021 the Rule 6(9) of new Rules, 2020, which makes it mandatory to consider all pending application under the new rules of the year 2020, fell for consideration before this Court. This Court in the said judgment, after a detailed analysis and taking into consideration the judgment in Malaya Nanda Sethy’s case (supra) as well as NC Santosh’s Case (supra) has declared Rule 6(9) as ultra vires to article 14 of the Constitution of India. Therefore, the aforesaid rule 6(9) does not exist in the rule-book. In such view of the matter, this Court has no hesitation in quashing the impugned rejection order under Annexure-7. Accordingly, the same is hereby quashed. Further the matter is remanded back to the Opposite Party No.1 to reconsider the application of the petitioner under the O.C.S.(RA) Rules, 1990 within a period of two months from the date of communication of copy of this order by the petitioner. The final decision so taken be communicated to the petitioner within two weeks thereafter. 9. With the aforesaid observation, direction the writ petition is disposed of. Rubi Signature Not Verified Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: High Court of Orissa Date: 04-Mar-2024 19:30:43 (A.K. Mohapatra) Judge Page 4 of 4