Hon'Ble Apex Court In The Case Of ... vs Mahesh Kumar With Two Other ...
2021 Latest Caselaw 4639 Ori

                          W.P.(C) No.9724 of 2021




02.   06.04.2021                   This matter is taken up through Video
                   Conferencing mode.
                                   Heard learned counsel for the petitioner and
                   learned counsel for the State.
                                   The   writ petition    involves the     following
                   prayer:

                                "It is therefore prayed that this Hon'ble Court
                   may graciously be pleased to admit the writ petition and
                   issue Rule "NISI" to the Opp. Parties to show cause as to ;
                             (i)   Why the rejection of the petitioner's claim for
                                   her appointment under the Rehabilitation
                                   Assistance Scheme made vide the impugned
                                   communication      dated     09.101.2020  under
                                   Annexure-8 in the facts and circumstances of
                                   the case will not be declared as illegal and as
                                   such liable to be set aside; and
                             (ii) Why the Opposite Parties will not be directed to
                                  consider the claim of the petitioner for her
                                  appointment under R.A. Scheme as per the
                                  existing rule prevalent at the time of death of
                                  her husband, i.e. as per Notification of G.A.
                                  Department dt.07.11.2016 and provide her
                                  appointment within a stipulated time;
                                         And if the Opp. Parties do not show cause
                                   then the Rule be made absolute by issuing
                                   appropriate writ/writs and any other order as
                                   deem fit be passed;
                                          And for this act of kindness, the petitioner
                                   shall as in duty bound ever pray.

                                   Looking to the date of death of the deceased
                   involving whom appointment under the Rehabilitation
                   Assistance Scheme is called for on 18.03.2017 and the
                   date   of       application   for   appointment      under     the
                   Rehabilitation Assistance Scheme since forwarded on
                   14.01.2019, this Court finds, the order of rejection vide
uks
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Annexure-8 applying the provision in the 2020 rule,
which has even not seen the light of the day either on
the date of death or on the date of submission of
application for appointment under the Rehabilitation
Assistance Scheme, remains contrary to the decision of
this Court in disposal of W.P.(C) No.10168 of 2021 and
W.P.(C) No.8486 of 2021 and also the judgment of the
Hon'ble apex Court in the case of             Canara Bank and
another Vs. Mahesh Kumar with two other matters
reported in (2015) 7 SCC 412. This Court, therefore,
interfering with the order vide Annexure-8 sets aside the
same and directs the Opposite Party No.4 to consider
the case of the Petitioner for appointment under the
Rehabilitation      Assistance      Scheme    in    terms   of   the
provision   at      Orissa    Civil   Services       (Rehabilitation
Assistance) Rules, 1990 with the amended Rules, 2016.
In the event petitioner is otherwise qualified under the
aforesaid rule, appointment order in favour of the
petitioner in appropriate positioning be issued within
four weeks.
              The    entire   exercise      shall   be    completed
within a period of four weeks from the date of
communication of copy of this order by the Petitioner.
              With the aforesaid observation and direction,
the writ petition stands disposed of.
              As     restrictions     due    to     the   COVID-19
situation are continuing, learned counsel for the parties
may utilize the soft copy of this order available in the
High Court's website or print out thereof at par with
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certified copies in the manner prescribed, vide Court's
Notice No.4587, dated 25th March, 2020.



                                  ..................................
                                  Biswanath Rath, J.