Satyabrata Barik vs State Of Odisha & Others
2021 Latest Caselaw 8123 Ori

                          IN THE HIGH COURT OF ORISSA AT CUTTACK

                                    W.P.(C) No. 21169 of 2021

            Satyabrata Barik                    .....                         Petitioner
                                                                     Mr. G.R. Sethi, Adv.
                                              -Versus-

            State of Odisha & others            .....                   Opposite Parties
                                                                         State Counsel
                         CORAM:
                             DR. JUSTICE B.R. SARANGI

                                              ORDER

03.08.2021

Order No. This matter is taken up through hybrid mode.

02. Heard learned counsel for Petitioner and learned State Counsel for the Opposite Parties.

The petitioner has filed this writ petition seeking to quash the order dated 19.03.2021 under Annexure-9 and further seeks direction to the opposite parties to appoint him as per OCS (Rehabilitation Assistance) Rule, 1990 read with Amendment Rules, 2016 and grant all financial and consequential benefits following from the date of appointment.

Looking to the date of death of the deceased involving whom appointment under the Rehabilitation Assistance Scheme is sought and the date of application for appointment under the Rehabilitation Assistance Scheme, this Court finds, the issuance of letter vide Annexure- 9 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. M. Mahesh Kumar with two other matters reported in (2015) 7 SCC 412. This Court, therefore, interfering with the order vide Annexure-9 sets aside the same and directs the Opposite Party No.2 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 and also keeping the recommendation under Annexur-6 series.

The entire exercise shall be completed within a period of one & half months from the date of communication of authenticated/certified copy of this order by the Petitioner.

With the aforesaid observation and direction the writ petition stands disposed of.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court's Notice No.4587, dated 25th March, 2020 as modified by Court's Notice No. 4798 dated 15th April, 2021.

(DR. B.R. SARANGI) Ashok JUDGE