Rankal Kumar Sahu vs State Of Odisha & Ors
2021 Latest Caselaw 8465 Ori

                      IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 WP(C) No. 23654 of 2021

            Rankal Kumar Sahu                    .....                  Petitioner
                                                            Mr. G. Sinha, Advocate
                                            - Versus-
            State of Odisha & Ors.                .....                Opp. Parties
                                                              Addl. Govt. Advocate
                        CORAM:
                            DR. JUSTICE B.R. SARANGI
                                             ORDER

12.08.2021

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

Heard learned counsel for the parties.

The petitioner has filed this writ petition seeking to quash the order dated 31.03.2020 passed by the opposite party no.3 under Annexure-10 and further seeks direction to the opposite parties to declare Odisha Civil Service (Rehabilitation Assistance) Rules, 2020 as ultra vires for the applicant/petitioner, i.e. legal heir of deceased employee who has applied for compassionate appointment under Odisha Civil Service (Rehabilitation Assistance) Rule, 1990 and prior to the new Odisha Civil Service (Rehabilitation Assistance) Rule, 2020.

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-10 applying the provision in the 2020 Rules, 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-10 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.

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) A.K. Rana JUDGE