Orissa High Court
WP(C)/9712/2021 on 5 April, 2021
W.P. (C) No.9712 of 2021
3. 5.04.2021 This matter is taken up by video conferencing
mode.
Heard learned counsel for Petitioner and learned
AGA for the State-Opposite Parties.
This Writ Petition involves the following prayer:
"The Petitioner, therefore, prays that in
view of submission made above your
Lordship's would graciously be pleased to
admit the case call for the relevant
records and after hearing the parties
grant following relief;
(i) To quash the order no.6935 dated
31.12.2020 passed by the
opposite party no.3 under
Annexure-12;
(ii) To direct the Opp. Parties to
consider the case of the Petitioner
and to pass an order of his
employment against Class-III post
under R.A. Scheme.
(iii) To direct the Opp. Parties to give
appointment to the Petitioner
within a stipulated period."
Looking to the date of death of the deceased on
5.06.2013 involving whom appointment under the
Rehabilitation Assistance Scheme is sought for, the date of
application for appointment under the Rehabilitation
Assistance Scheme sometime in the year 2013 and finding
that the medical board conducted for this purpose has
declared the mother of the Petitioner as unfit, this Court
finds surprise that while considering the case of the
Petitioner for issuing order of appointment the Excise
Commissioner, Odisha, Cuttack by its order vide
Annexure-12 has applied the provision at the Odisha Civil
2
Services (Rehabilitation Assistance) Rules, 2020, which
was not available at the time of death of the deceased
against whom the appointment under the Rehabilitation
Assistance Scheme is sought for.
Learned AGA has no dispute with regard to the
settled principle of law involving the very same nature of
dispute by this Court, which has also support of the
judgment of the Hon'ble apex Court in the case of Canara
Bank Vrs. M. Mahesh Kumar : 2015 (7) SCC 412.
Considering the above submissions made on behalf
of the respective parties and keeping in view the settled
principle of law through the decisions in W.P.(C) No.9231
of 2021 disposed of on 16.03.2021 as well as the further
decision of this Court in W.P.(C) No.11105 of 2021
disposed of on 23.03.2021 and also the decision of the
Hon'ble apex Court in the case of Canara Bank (supra),
this Court while interfering with the order vide Annexure-
12 sets aside the same and directs the Excise
Commissioner to evaluate the case of the Petitioner in the
matter of appointment under Rehabilitation Assistance
Scheme and issue necessary appointment order in favour
of the Petitioner, if the Petitioner satisfies the requirement
in terms of the provision under the Orissa Civil Services
(Rehabilitation Assistance) Rules, 1990, within a period of
fifteen days from the date of communication of a copy of
this order by the Petitioner.
For the heavy flowing of this nature of cases to this
Court, this Court directs the Excise Commissioner,
Odisha, Cuttack to convene a meeting involving all the
Officers concerned to at least make aware the Officers
3
concerned on application of the Rules in such type of
cases along with law of land on this subject vide 2015(7)
SCC 412, the judgment in W.P.(C) No.9231 of 2021
disposed of on 16.03.2021 and W.P.(C) No.11105 of 2021
disposed of on 23.03.2021, thereby controlling massive
flowing of such type of cases to this Court.
With the aforesaid observation and direction the
writ petition stands disposed of.
A free copy of this order be handed over to Mr. P.P.
Mohanty, learned AGA for necessary communication and
advice.
As restrictions due to COVID-19 situation are
continuing, learned counsel for the parties may utilize a
soft copy of this order available in the High Court's
website or print out thereof at par with certified copy in
the manner prescribed, vide Court's Notice No.4587, dated
25th March, 2020.
..............................
(Biswanath Rath, J.)
Ayas
