ORISSA HIGH COURT: CUTTACK W.P.(C) No.3747 of 2023 In the matter of an Application under Articles 226 and 227 of the Constitution of India, 1950 ***

Prabira Kumar Dash Aged about 43 years Son of Late Bhagirathi Dash At: Baunsia (Raghunathpur Sasan)

P.O./P.S.: Sarankul District: Nayagarh. … Petitioner.

-VERSUS-

1. Managing Director, Odisha Forest Development Corporation Ltd. (OFDC Ltd.)

Bhubaneswar, Plot No.A/84 Kharavel Nagar, Unit-II Bhubaneswar, District: Khordha.

2. Divisional Manager, Odisha Forest Development Corporation Ltd. (OFDC Ltd.)

Bhanjanagar (C) Division AT/PO: Bhanjanagar District: Ganjam.

3. State of Odisha represented through its Principal Secretary Forest and Environment Department Bhubaneswar, District: Khordha. … Opposite Parties.

Counsel appeared for the parties:

For the Petitioner : M/s. Bijaya Kumar Parida-2, M.B. Swain, A.P. Sahoo and P. Sahoo, Advocates For the Opposite Party : M/s. Bigyan Kumar Sharma, Nos.1 & 2 Sudeepta Kumar Singh, Jayesh Pradhan and Itishree Tripathy, Advocates For the Opposite Party : Mr. Deba Ranjan Mohapatra, No.3 Additional Government Advocate P R E S E N T: HONOURABLE MR. JUSTICE MURAHARI SRI RAMAN Date of Hearing : 07.11.2024 :: Date of Judgment : 09.01.2025

JUDGMENT

MURAHARI SRI RAMAN, J.

Assailed in the writ petition is the Office Order No.2251/O.E.II(DY.SDM)/05/1995, dated 28.11.2022 passed by the Managing Director, Odisha Forest Development Corporation Limited-opposite party No.1 (Annexure-3), wherein and whereby the representation of the petitioner’s mother for consideration of her son’s appointment as per the Rehabilitation Assistance Scheme envisaged under the Odisha Civil Services (Rehabilitation Assistance) Rules, 1990, was rejected purported to be have been in compliance of direction for consideration of representation as contained in the Order dated 25.08.2022 passed in W.P.(C) No.8196 of

2011 by this Court.

1.1. Being dissatisfied with said Order in Annexure-3, the petitioner (Prabir Kumar Das, son of deceased employee) has approached this Court by way of filing the instant writ petition craving to invoke extraordinary jurisdiction under Articles 226 and 227 of the Constitution of India, with the following prayer(s):

“It is therefore prayed that this Hon‟ble Court may graciously be pleased to admit this writ petition, call for the records, issue notice to the opp. Parties and on hearing issue writ of mandamus directing the opp. Parties more particularly opposite party No.1-Managing Director, Odisha Forest Development Corporation Ltd. (OFDC Ltd.), Bhubaneswar to given an appointment to the petitioner under Rehabilitation ground by setting aside/quashing the Order dated 24.11.2022 under Annexure-3.

And pass any other order/orders as would be deem fit and proper in the facts and circumstances of the case.

And for this act of kindness the petitioner as in duty bound shall ever pray.”

Case of the petitioner:

2. The case of the writ petitioner, in brief, is that his father-Bhagirathi Dash, Deputy Sub-Divisional Manager under the Odisha Forest Development Corporation Limited (“OFDC”, abbreviated) on regular basis, died in harness on 21.05.2004 (as reflected in Order dated 25.08.2004 passed in W.P.(C) No.8196 of 2014) leaving behind his wife (widow), three daughters and two sons (including the petitioner). It is asserted that none of the family members of the petitioner got employment under the Government and his father was the sole bread-winner of the family. After his death, financial stringency compelled him to approach the authority for compassionate appointment.

2.1. The mother of the petitioner (wife of the deceased employee) approached the Divisional Manager, OFDC, Bhanjanagar (C) Division for grant of family pension and also requested for providing an employment to her son (the petitioner) under the Rehabilitation Assistance Scheme as available under the Odisha Civil Services (Rehabilitation Assistance) Rules, 1990 (“RA Rules”, for brevity) after obtaining the Death Certificate and