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IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.28966 of 2011

An application under Articles 226 and 227 of the Constitution of

India

Urbashi Sahoo

….

Petitioner

Mr. Sidheswar Mallick, Advocate

-versus-

State of Orissa and another

….

Opposite Parties

Mr. A.R. Dash, AGA

Mr. B.N. Sarangi, Advocate

(for opposite party no.5)

CORAM:

JUSTICE S.K. MISHRA

JUSTICE SAVITRI RATHO

Date of Hearing:-06.04.2021 and 11.08.2021

Date of Order:- 11.08.2021

S.K. Mishra,J.

1. In this writ petition filed under Article 226 read with Article 227

of the Constitution of India, 1950, the petitioner-Urbashi Sahoo

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assails the final order passed by the Orissa Administrative Tribunal

(OAT),

Cuttack

Bench,

Cuttack

on

29.07.2011

in

O.A.

No.3395(C)/2009 dismissing her prayer of quashing the order of

disengagement on 07.12.2009 i.e. Annexure-6 to the O.A.

2. The petitioner happens to be the only child of one Anandananda

Sahoo, a fire man working under respondent no.1. He died in

harness on 24.07.1983 while working as a fire man. At that time, the

petitioner was only four years old. On attaining 18 years age, she

applied on 05.04.1999 for Rehabilitation Assistance Scheme (RAS)

as per the Orissa Civil Services (Rehabilitation Assistance) Rules,

1990. Her case was rejected alleging delay in filing the application.

She thereafter, submitted a representation to the D.G. & I.G.

of Police, respondent no.2 for condonation of delay and after

condonation of such delay and on production of distress certificate,

she was appointed as a Junior Clerk vide order dated 10.04.2008,

Annexure-2 to the O.A.

At the time of submission of application she was a unmarried

girl, but as unreasonable delay was occasioned, she was married

before the order of appointment was made. She has intimated about

her marital status before the competent authority before joining in

the post as a Junior Clerk in the Fire Services Department. As per

Annexure-3 to the O.A., it is clear that she has intimated this fact to

the authority before joining in her services. Moreover, the service

book, copy of which has been annexed to the writ petition, as at

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Annexure-4, reveals that while preparing the service book of the

petitioner in the office of the Superintendent of Police, Angul, the

name of her husband Sri Sangram Roul has been mentioned as one

of the hairs of the petitioner.

After joining the post of Junior Clerk, she worked for one

year. On completion of satisfactory qualifying service of one year,

she was made regular by the Department. However, without any

notice, all on a sudden, by virtue of State Police Headquarters letter

No.46598, dated 07.12.2009, Annexure-6 to the O.A., she was

discharged from service. She challenged the discharge before the

State Administrative Tribunal, Cuttack Bench, Cuttack on

08.01.2010. Her application was disposed of by the Tribunal on

29.07.2011 giving a direction to the Opposite Party Nos. 1 and 2 to

reconsider her case. However, the order of discharge was not

quashed by the Tribunal. Such order is assailed in this case.

3. In course of hearing, the learned counsel for the petitioner Mr.

Sidheswar Mallik would argue that the order of discharge, i.e.

Annexure-6, passed by the opposite parties is liable to be quashed on

the ground of violation of principles of natural justice. The 2^nd

ground on which he assails is that non-inclusion of married daughter

in the Rehabilitation Assistance Scheme is violative of Article 14 of

the Constitution of India. Alternatively, he submits that as per Rule

16 of the Orissa Civil Services (Rehabilitation Assistance) Rules,

1990, a relaxation could have been given by the authorities on the

ground that prior to her appointment, at the time of submitting her

application, she was not married