Orissa High Court
Bhagyashree Choudhury vs State Of Odisha & Ors. .... Opposite ... on 8 January, 2024
Author: Biraja Prasanna Satapathy
Bench: Biraja Prasanna Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.38140 of 2023
Bhagyashree Choudhury .... Petitioner
Mr. S. Pattnaik, Advocate
-versus-
State of Odisha & Ors. .... Opposite Parties
Mr. S.K. Samal, AGA
CORAM:
JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
08.01.2024 Order No
04. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
2. Pursuant to the order passed by this Court on 23.11.2023, learned Addl. Govt. Advocate produced the instruction in Court so provided by the Department. The same be kept in record.
3. From the instruction it is found that the elder sister of the present Petitioner on the death of her father though made an application through the Principal of the College in the year 2012 and the same was forwarded by the College to the Director on 18.02.2012, but the same was never received in the office of the Director of Higher Education. It is also admitted that the application of the present Petitioner was received by the Directorate on 22.07.2019.
4. Heard Mr. S. Pattnaik, learned counsel for the Petitioner and Mr. S.K. Samal, learned Addl. Govt. Advocate appearing for the Opp. Parties.
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5. Petitioner has filed the present writ petition inter alia challenging the rejection of her claim to get the benefit of appointment under the provisions of Rehabilitation Assistance Scheme vide communication issued on 05.08.2021 under Annexure-6. The claim of the Petitioner has been rejected on the ground that the application has been made more than 2 years of the death of the deceased employee and it violates the provisions of Rule 7(5) of OCS (R.A.) Amended Rules, 2020.
5.1. Learned counsel for the Petitioner contended that on the death of the employee concerned on 20.08.2011, the elder sister of the present Petitioner namely Subhashree Choudhury made the application in the year 2012. As admitted in the instruction provided by the Directorate, the said application though was forwarded by the College on 18.02.2012 vide Annexure-2, but the same was never received in the office of the Directorate. Thereafter, the present Petitioner made the application to get the benefit, which has now been rejected vide the impugned communication under Annexure-6 on the ground that the application has been made after more than 2 years of the death and it violates the amended provisions of OCS (R.A.) Rules, 2020.
5.2. Learned counsel for the Petitioner contended that since admittedly the application of the elder sister was made within time and that was never considered and the application of the present Petitioner was also made prior to coming into force of OCS (R.A.) Rules, 2020, the ground on which the claim has been rejected is not sustainable in the eye of law. In support of his aforesaid submission, learned counsel for the Petitioner relied on the decision Page 2 of 4 // 3 // in the case of Malayananda Sethi Vs. State of Odisha reported in (2022 (II) OLR (SC) 1).
6. On instruction Mr. Samal, learned Addl. Govt. Advocate contended that since admittedly the present Petitioner made the application beyond the period of limitation, her application was rejected placing reliance on the provisions contained under Rule 7(5) of the OCS (R.A.) Rules, 2020. It is accordingly contended that there is no illegality or irregularity with the impugned rejection in question.
7. Having heard learned counsel appearing for the Parties and after going through the materials available on record, this Court finds that the employee concerned died on 20.08.2011 as found from Annexure-1 series. As admitted in the instruction, the elder sister of the present Petitioner though made an application in the year 2012 and the same was transmitted to the Directorate on 18.02.2012, but the same was never received in the office of Director, Higher Education. Thereafter, when the present Petitioner made the application on 18.11.2017, the same has been rejected relying on the amended provisions contained under OCS (R.A.) Rules, 2020.
7.1. Since on the death of the deceased employee the application was made within the stipulated time as found from Annexure-2 and the same was never considered on the ground of being not received, the ground on which the claim of the present Petitioner was rejected placing reliance on a rule which was not prevalent at the time of the death of the deceased employee, the impugned rejection as per the considered view of this Court is not sustainable in the eye of law.
Page 3 of 4// 4 // 7.2. Therefore, placing reliance on the decision in the case of Malayananda Sethi, this Court is inclined to quash the rejection so available under Annexure-6. While quashing the same, this Court remits the matter to Opp. Party No. 1 to take a fresh decision on the claim of the Petitioner in accordance with the rules prevailing at the time of death of the deceased employee. Such a fresh decision be taken within a period of two (2) months from the date of receipt of this order with due communication.
8. The writ petition is disposed of accordingly.
(Biraja Prasanna Satapathy) Judge Sneha Signature Not Verified Digitally Signed Signed by: SNEHANJALI PARIDA Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 09-Jan-2024 19:51:26 Page 4 of 4