Priyabrata Garanayak vs Principal Secretary To Govt
2021 Latest Caselaw 8274 Ori

                           IN THE HIGH COURT OF ORISSA AT CUTTACK

                                       W.P.(C) No. 27400 of 2020

            Priyabrata Garanayak                    .....                            Petitioner
                                                                            Mr. C. Pattnaik, Adv.
                                                   -Versus-

            Principal Secretary to Govt.            .....                       Opposite Parties
            Department of Water Resources,
            DOWR, Odisha
                                                                                  State Counsel
                          CORAM:
                               DR. JUSTICE B.R. SARANGI

                                                ORDER

09.08.2021

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

03. Heard learned counsel for the parties.

The petitioner has filed this writ petition seeking to quash the orders dated 12.08.2020 and 08.09.2020 passed by the authorities under Annexures-14 and 15 and further seeks direction to the opposite parties to reconsider his case for appointment under Rehabilitation Assistance Scheme as per the provisions of OCS (Rehabilitation Assistance) Rules, 1990 within a stipulated time.

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 order of rejection vide Annexure-15 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 Annexures-14 and 15 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. 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.

(DR. B.R. SARANGI) A.K. Rana JUDGE