Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.5311 of 2025 Swapneswar Behera ..... Petitioner
Represented By Adv. - Nihal Rath -versus- 1) State Of Odisha ..... Opposite Parties 2) Superintendent Of Police,ganjam
Represented By Adv. – Mr.Samaresh Jena, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER 20.02.2025
Order No.
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. Perused the writ application as well as the documents annexed thereto.
3. The Petitioner has filed the present writ application with the following prayer:
“It is, therefore most humbly prayed that this Hon’ble Court may graciously be pleased to admit the writ application, to issue rule Nisi calling upon the Opposite Parties to show cause as to why the prayers made hereunder be not allowed, upon showing insufficient cause/ no cause make the aid Rule absolute, issue writ/writs in the nature of i. Mandamus directing the Opp.Parties to
Page 2 of 3. issue appointment order in favour of the Petitioner under OCS(RA) Rules, 2020 within a time stipulation as fixed by this Hon’ble Court. ii. And/or may pass such other writ/writs,
order/orders, direction/directions as this Hon’ble Court may think fit and proper for the ends of justice.”
4. It is stated by the learned counsel for the Petitioner that the father of the present Petitioner died in harness on
11.12.2022. Thereafter, the Petitioner being one of the legal heir applied for appointment on compassionate ground on 12.07.2023 which is within the time stipulated under the OCS(RA) Rules, 2020. He further contended that although he made his application for appointment on compassionate ground, however the same has not been considered and
disposed of. Being aggrieved by the inaction of the Opposite Parties, the Petitioner has approached this Court by filing the present Writ Petition.
5. Learned Additional Standing Counsel appearing for the State on the other hand contended that he has no instruction in the matter, however if this Court directs the Opposite Parties to consider and dispose of the application of the Petitioner, if the same is still pending, in accordance with law within a stipulated period of time, he has no objection to the same.
6. Taking into consideration the limited nature of grievance of the Petitioner, the Writ Petition is disposed of at the stage of admission with a direction to the Superintendent of Police, Ganjam, Opposite Party No.2 to consider the application of the
Page 3 of 3. Petitioner under Annexure-5 within a period of three months from the date of production of certified copy of this order. The Opposite Party No.2 shall do well to dispose of the application of the Petitioner under Annexure-5 by passing a speaking and reasoned order. The final decision so taken by the Opposite Party No.2 be also communicated to the Petitioner within two weeks thereafter.
7. With the aforesaid observation/direction, the writ application stands disposed of.
8. Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
RKS