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2026 DAILYLAW 17320 (ORI)

DEEPAK KUMAR HOTA v. STATE OF ODISHA

WP(C)/14426/2026 · 2026-05-11

Aditya Kumar Mohapatra

Writ Petition (Civil)body2026

Judgment text

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Page 1 of 4. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.14426 of 2026 Deepak Kumar Hota ..... Petitioner Represented by Adv. - Ranjit Samal -versus- State Of Odisha & Ors. ..... Opposite Parties Represented by Adv. – Sasmita Nayak, A.S.C. CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 11.05.2026 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel appearing for the Petitioner as well as learned Additional Standing Counsel appearing 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 be graciously pleased to:- i) Admit the writ application. ii) issue notice to the Opp. Parties and call for the records; Page 2 of 4. iii) issue a writ of mandamus with a direction to the Opp. Parties to issue the appointment order against the petitioner as per Rehabilitation Application dt.19.07.2017 submitted by him under Annexure-2 Series by sending his application to the Collector, Bargarh for distress under Odisha Civil Service (Rehabilitation Assistance) Scheme, Rules, 1990 as was prevailing at the time of death of his father as per the decision of Apex Court in State Of Odisha & Others -Vrs- Malayananda Sethi and State Of Odisha -Vrs.- Jita Luha & Others as well as Notification dt.04.04.2025 within a specific time limit fixed by the Hon'ble Court; And pass any such other or further order or orders as may be deemed just and proper.” 4. Learned counsel for the Petitioner, at the outset, contended that the father of the Petitioner, namely, late Krushna Chandra Hota, who was working as Headmaster in Sukutapali UGME School, Sukutapali in the district of Bargarh, died in harness on 27.02.2017, leaving behind his legal heirs including the present Petitioner. Thereafter, the Petitioner submitted an application for appointment on compassionate ground on 19.07.2017, that is, within the period of limitation at Annexure-2 to the writ application. He further submitted that in the meantime the law has been crystalized with the issuance of the notification dated 04.04.2025 at Annexure-4 to the writ application. Since no final decision has been taken on the application of the Petitioner, the Petitioner has already approached the Opposite Party No.4, the District Education Officer, Bargarh by filing a detailed representation dated 20.08.2025. However, no final decision has been taken on such representation of the Petitioner. Being aggrieved by such inaction of the Opposite Party No.4, the Page 3 of 4. Petitioner has approached this Court by filing the present writ application. 5. Learned counsel for the State, on the other hand, contended that she has no specific instructions in the matter, however, taking into consideration the fact that the representation of the Petitioner is still pending before the Opposite Party No.4 for consideration and in the event no final decision has been taken in the meantime, she will have no objection if this Court directs Opposite Party Nos.4 & 5 to consider the case of the Petitioner in accordance with law within a stipulated period of time. 6. Having heard the learned counsels for both sides, on a careful examination of the factual background as well as the documents annexed to the writ application, further keeping in view the limited nature of the grievance involved in the present writ application, this Court deems it proper to dispose of the writ application at the stage of admission by directing the Opposite Party No.4 to consider the grievance of the Petitioner as indicated in his representation dated 20.08.2025 at Annexure-5 strictly in accordance with law and dispose of the same by passing a speaking and reasoned order within a period of three months from the date of communication of a certified copy of this order by the Petitioner. It is further directed that the Petitioner shall comply with the requirement of considering his case for appointment on compassionate ground keeping in view the requirement of the relevant rules as expeditiously as possible within a period of four weeks from the date such shortcoming from his application is intimated to the petitioner. The final decision so taken by the Opposite Party No.4 be also communicated to the Petitioner within ten days from the date of taking such a decision. Page 4 of 4. 7. With the aforesaid observations/ directions, the writ application stands disposed of. Issue urgent certified copy of this order as per Rules. ( A.K. Mohapatra ) Judge Anil Designation: Junior Stenographer