Page 1 of 4. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.12390 of 2025 Shiba Sankar Behera ..... Petitioner Represented By Adv. - Ashok Kumar Sarangi -versus- 1) State Of Odisha ..... Opposite Parties 2) Collector Cum Dist.magistrate 3) Divisional Forest Officer, Rairangpur 4) Range Officer, Rairangpur Range Represented By Adv. – Ms. S.Nayak, A.S.C. CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No. ORDER 06.05.2025 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 Standing Counsel for the State-Opposite Parties. 3. The Petitioner has filed the present writ application with the following prayer: “The petitioner, therefore, prays that your Lordships may be graciously pleased to issue "RULE NISI" calling upon the opp. party to show cause why appropriate writ, order or direction shall not be issued for appointment of petitioner in compassionate ground under R.A. scheme of Govt. retrospective effected from the date of death of father of the petitioner Late Chaitanya Behra along with all consequential benefits as per rules. And may further be pleased to issue any other writ, order or direction as is necessary for ends of justice.” Page 2 of 4. 4. It is stated by the learned counsel for the petitioner that the father of the petitioner who was a Government employee died in harness on 01.03.2004, when he was working as a Forester under Badamatalia Forest Section of Rairangpur Range, due to an attack by an elephant while he was on duty. In the aforesaid context learned counsel for the petitioner referred to the letter dated 01.03.2004 under Annexure-1 to the writ application. Thereafter, the petitioner being son of the deceased government employee as his legal heir applied for appointment on compassionate ground. The application of the petitioner was duly forwarded to the Collector and District Magistrate, Cuttack by the Divisional Forest Officer, Rairangpur vide letter dated 26.03.2016 under Annexure-2 to the writ application. On the subject of appointment of the petitioner on compassionate ground the Tahasildar, Mahanga submitted a report to the Tahasildar, Rairangpur under Annexure-3 to the writ application. Finally, Tahasildar, Rairangpur forwarded the report to the Tahasildar, Mahanaga vide letter dated 29.08.2016. While this was the position, the case of the petitioner was recommended by the PCCF, Odisha for appointment of the petitioner on compassionate ground. The grievance of the petitioner in the present writ application is that although the petitioner is eligible to be appointed on compassionate ground, however the opposite parties have not taken any steps to consider his application for such appointment. Being aggrieved by such inaction of the opposite parties, the petitioner has approached this Court by Page 3 of 4. filing the present writ application. In course of his argument learned counsel for the petitioner submitted that although the petitioner had earlier approach the DFO, Rairangpur i.e. Opposite Party No.3 by filing a representation on 26.02.2021 under Annexure-6, however no decision whatsoever has been taken on such representation of the petitioner. 5. Learned counsel for the State on the other hand contended that although she has no specific instruction in the matter, however on a careful analysis of the pleadings on the writ application it appears that the grievance of the petitioner is still pending before the Opposite Parties. In such view of the matter, learned counsel for the State submitted that in the event this Court directs the Opposite party No.3 to consider the grievance of the petitioner in accordance with law within a stipulated period of time, she will have no objection to the same. 6. On a careful analysis of the factual background of the present case, this Court observes that it is not disputed that the father of the petitioner died on 01.03.2004 and the petitioner being the legal heir has already approached the Opposite Party No.3 for his appointment on compassionate ground by filing an application with all required documents. The communications attached, further reveal an inquiry was conducted by the Opposite Parties. However, no final decision has been taken on the claim of the petitioner for appointment on compassionate ground. Keeping in view the nature of the relief sought for in the present writ application, this Court is of the view that the same is Page 4 of 4. disposed of by directing the Opposite Party No.3 to consider the case of the petitioner in terms of verification of GA & PG Department dated 04.04.2025 and strictly in accordance with O.C.S.(R.A.) Rules, 1990 within a period of three months from the date of communication of a certified copy of today’s order. The final decision so taken be communicated by the Opposite Party No.3 be communicated to the petitioner within ten days thereafter. 7. With the aforesaid observations and directions, the writ application stands disposed of. 8. Issue urgent certified copy of this order as per Rules. ( A.K. Mohapatra ) Judge Rubi