Ayushman Sekhar Panigrahi vs State Of Odisha & Others
2021 Latest Caselaw 8365 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK

                                    W.P.(C) No. 16082 of 2021

            Ayushman Sekhar Panigrahi          .....                            Petitioner
                                                                  Mr. B.P. satapathy, Adv.
                                             -Versus-

            State of Odisha & others           .....                     Opposite Parties
                                                                            State Counsel
                                                                     Mr. K.P. Nanda, Adv.
                                                                                 O.P. No.3
                        CORAM:
                            DR. JUSTICE B.R. SARANGI

                                             ORDER

10.08.2021

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

Heard learned counsel for Petitioner, learned Counsel for the State Opposite Parties and Mr. K.P. Nanda, learned counsel for opposite party no.3.

The petitioner has filed this writ petition seeking to quash the order dated 17.04.2021 under Annexure-8 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-8 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- 8 sets aside the same and directs the Opposite Party No.3 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-4.

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