Orissa High Court
Unknown vs This Court on 7 April, 2021
W.P.(C) No.11796 of 2021
02. 07.04.2021 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:
"Therefore, the petitioner, most humbly prays
that this Hon'ble Court may graciously be pleased to
admit this writ petition, issue notice to the opposite
parties and after hearing the parties be pleased to:
I) To quash the Rejection order vide office
order No.390 dtd.22.2.2021, Annexure-1
issued by the Opp. Party No.4 and
Notification No.5651 dtd. 17.2.2020 issued
by the GA and PG Deptt of Govt. of Odisha.
II) Issue direction to the opposite parties
more particularly the opposite party Nos.2
& 3 to issue appointment order in favour of
the petitioner under Rehabilitation
assistance Scheme in Class-III post within
a stipulated period;
III) And pass any other order/orders which
your Lordship deem fit and proper.
And for this act of kindness, the petitioner
shall as in duty bund ever pray."
Looking to the date of death of the deceased
involving whom appointment under the Rehabilitation
Assistance Scheme is called for on 19.10.2015 and the
date of application for appointment under the
Rehabilitation Assistance Scheme by the petitioner was
made on 3.3.2016, this Court finds, petitioner since is
the only son of the deceased employee and there is also
availability of 'No Objection' from the other family
members, accordingly the order of rejection vide
uks
2
Annexure-1 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 becomes wrong. The impugned
order also undisputedly 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-1 sets aside the same and remits
the matter back to Opposite Party No.2 for
reconsideration of the case of the Petitioner for
appointment in suitable post 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
found suitable to the post, appointment order in favour
of the petitioner in appropriate positioning be issued
within a period of three weeks from the date of
communication of order of this Court 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
3
certified copies in the manner prescribed, vide Court's
Notice No.4587, dated 25th March, 2020.
..................................
Biswanath Rath, J.
