Priyabrata Sethi vs State Of Odisha & Ors
2021 Latest Caselaw 8364 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 W.P.(C) No.20258 of 2021


            Priyabrata Sethi                  .....                           Petitioner
                                                                          Mr. G.R. Sethi,
                                                                               Advocate
                                            -Versus-

            State of Odisha & Ors.            .....                      Opposite Parties

                                                                Mr. D.K. Mohanty, ASC

                         CORAM:
                             DR. JUSTICE B.R. SARANGI


                                           ORDER

10.08.2021

I.A. No.9903 of 2021 Order No. This matter is taken up through hybrid mode.

This interlocutory application has been filed by the petitioner for correction/modification of the order dated 23.07.2021 Heard Mr. G.R. Sethi, learned counsel for the petitioner and Mr. D.K. Mohanty, learned Additional Standing Counsel for the State.

Considering the averments made in the application itself, the order dated 23.07.2021 is recalled and fresh order is passed in W.P.(C) No.20258 of 2021.

The interlocutory application stands disposed of.

(DR. B.R. SARANGI) JUDGE

Cont...

W.P.(C) No.20258 of 2021

Order No.03 This matter is taken up through hybrid mode. 10.08.2021 Heard learned counsel for the petitioner. The petitioner has filed this writ petition seeking to quash the order dated 04.06.2021 passed by the authority under Annexure-9 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 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. 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.

Issue urgent certified copy as per rules.

                                           (DR. B.R. SARANGI)
Alok                                            JUDGE