The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.25499 of 2023 Puja Punam Champati State of Odisha and others -versus- …. Petitioner Mr. K. Rath, Advocate …. Opposite Parties Mr. I. Mohanty, A.S.C. JUSTICE A.K. MOHAPATRA CORAM: Order No.
Decision
ORDER 21.08.2023 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the petitioner as well as learned counsel for the Opposite Parties. Perused the writ application as well as documents annexed thereto. 3. The present writ petition has been filed by the petitioner with the following prayers: “Therefore, it is most humbly prayed that this Hon’ble Court may be graciously pleased to admit this writ petition, call for the records, issue rule Nisi calling upon the Opp. Parties to show cause as to why the petitioner shall not be considered for compassio0nate appointment as per Rule OCS (RA) Rules 2020 on the date of application. Failing to show cause or showing insufficient cause, issue the writ of Mandamus directing the Opp. Parties to consider the case of the petitioner as per OCA (RA) Rule 2020 within a stipulated period considering the distressed condition of the petitioner. And issue the writ of Certiorari in quashing the order under Memo No.26459 dtd. 18.05.2023 of Opposite Party No.2 passed on direct ion of this Hon’ble Court vide order dtd. 17.04.2023 in W.P.C. No.10691 of // 2 // 2023. And pass such other writ/writs, order/orders, direction/directions as may be deemed fit and proper.” 4. It is submitted by learned counsel for the petitioner that after the death of the Government employee in harness on 13.12.2021, the present petitioner is one of the legal heirs and he has obtained permission with the other legal heirs submitted an application for appointment under the OCS (RA) Rules, 2020 on 04.07.2022. Thereafter the said application was evaluated in the light of the new rules. Accordingly, the petitioner has been awarded 63 points, which is above cutoff points after the new rules came into force. 5. Learned counsel for the petitioner further contended that on the basis of such evaluation, the Opposite Parties should have given appointment to the petitioner in the meantime. However, vide order dated 17.03.2023, the Opposite Parties have regretted the prayer of the petitioner, however, in the very same letter they have categorically stated that other persons shall be considered along with petitioner in view of the seniority and availability of vacancy of the Group-D posts. 6. Being aggrieved by such order dated 17.03.2023 under Annexure-7 to the writ application, the petitioner has approached this Court by filing the present writ application. 7. Learned Additional Standing Counsel appearing for the State contended that the Opposite parties have not rejected the application of the petitioner. He further contended that since the petitioner has secured 63 points, he is eligible to get appointment under the OCS(RA) Rules and in absence of adequate posts, the others persons are there prior to the petitioner. It is also contended that there are no adequate numbers of posts in Group-D and the case of the petitioner // 3 // has not been considered at present. However, the same shall be considered depending upon the availability of vacancy of Group-D posts. Therefore, learned Additional Standing Counsel for the State contended that the application of the petitioner should not be maintained at this stage. 8. Having heard learned counsels appearing for the parties as well as on careful examination of the background facts of the present case, this Court observes that the petitioner has scored 63 points, therefore, considering the eligibility of the petitioner for appointment under OCS (RA) Rules, 2020, the authorities have not given any appointment on the ground that adequate number of posts are not available for appointment under the Rehabilitation Assistance Scheme. In such view of the matter, appointment of the petitioner has been deferred. In the aforesaid context, this Court on careful examination of the rules is of the considered view that in the event posts are not available for the places where the deceased Government employee last working then the application of the petitioner should be forwarded to the District Office to find out the vacancy and give appointment to the petitioner keeping in view the secured point for being appointed under the OCS (RA) Rules, 2020. Moreover, the State Government is under obligation to address the issue keeping in view the immediacy and urgency of the need of the family of the deceased Government employees, which has been elaborately discussed by the Hon’ble Supreme Court in the case of State of West Bengal vrs. Debabrata Tiwari and Others. Etc. Etc., reported in (2023) (3) SCALE 557. 9. In view of the aforesaid analysis of the facts and limited nature of grievance, this Court deems it proper to dispose of the writ // 4 // application at the stage of admission by directing the petitioner to approach the Director General of Police, Odisha, Cuttack-Opposite Party No.2 to file a fresh representation ventilating her grievances along with certified copy of this order and the supporting documents within three weeks days from today. In the event such a representation is filed within the aforesaid period, the Opposite Party No.2 shall do well, as has been directed hereinabove, the said Opposite Party No.2 shall do well to find out the vacancy position and give benefits to the eligibility and qualification of the petitioner and shall make every endeavour to appoint the petitioner against any of the Group-D post which is lying vacant. This Court further directed that the Opposite Party No.2 shall make every endeavour to prepare such a list of candidates whose cases are pending for appointment under the OCS (RA) Scheme and who have been found to be eligible in such appointment and accordingly prepare a common list on the basis of the date of death of the Government employees on the basis of such seniority, the Opposite Party No.2 shall give appointment to the persons against the vacant posts in the department. Accordingly, it is further directed that let the aforesaid exercise be carried within a period of three months from the date of communication of this order. Decision so taken shall be communicated to the Petitioner within a period of one week thereafter Urgent certified copy of this order be granted on proper application. Signature Not Verified Digitally Signed Signed by: JAGABANDHU BEHERA Jagabandhu Designation: Secretary-in-Charge Reason: Authentication Location: OHC, CUTTACK Date: 28-Aug-2023 10:55:57 ( A.K. Mohapatra ) Judge