Unknown vs This Court
2021 Latest Caselaw 4744 Ori

                          W.P.(C) No.11795 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.1378 dtd.15.12.2020, Office
                                       order No.115 dtd. 08.1.2021 under
                                       Annexure-1 series issued by the Op Party
                                       No.3 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 20.09.2016 and the
                   date    of    application      for   appointment    under    the
                   Rehabilitation Assistance Scheme by the wife of the
                   deceased employee was made on 30.01.2017, this Court
                   finds, the order of rejection vide Annexure-1 applying

uks                the provision in the 2020 rule, which has even not seen
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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 bad. This
Court also finds the impugned order 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 on the sole
ground of wrong application of provision of 2020, while
considering the date of death being 20.09.2016 and
application for the purpose being made on 30.01.2017
and directs the Opposite Party No.2 to consider 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,
dependant on the report of the Evaluation Committee
referred to herein under Annexure-7 at page-27 of the
writ petition. Since the Evaluation Committee submitted
its report in favour of the petitioner, appointment order
in favour of the petitioner in appropriate positioning be
issued within a period of three 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
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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
certified copies in the manner prescribed, vide Court's
Notice No.4587, dated 25th March, 2020.



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