Orissa High Court
Bijaya Kumar Parida vs State Of Odisha & Ors on 16 August, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
WPC (OA) No. 2251 of 2019
Bijaya Kumar Parida ..... Petitioner
Mr. K.C. Sahu, Adv.
-Versus-
State of Odisha & Ors. ..... Opposite parties
Mr. M.K. Praharaj, Standing Counsel
for the State
CORAM:
DR. JUSTICE B.R. SARANGI
ORDER
16.08.2021
Order No. This matter is taken up through hybrid mode.
01.
Heard learned counsel for the parties.
The petitioner has filed this writ petition seeking to quash the
order of rejection dated 08.04.2016 under Annexure-8 and issue
direction to the opposite parties to give compassionate appointment to
the petitioner as Peon or in any other Class-IV post under Rehabilitation
Assistance Scheme in commensuration to his qualification as per the
Rule which was existing on the date of submission of the application
form by the petitioner within a time bound period.
Mr. K.C. Sahu, learned counsel for the petitioner contended that
the petitioner submitted an application for compassionate appointment,
which was considered and a list was prepared by the authority for
appointment under Rehabilitation Assistance Rules, which has been
annexed as Annexure-8. The persons named in the said list at serial
no.3- Ajay Kumar Swain, serial no.46 -Jayaprakash Pani and serial no.
98- R.K. Digal filed O.A. Nos. 2254 of 2019, 2253 of 2019 and 2252 of
2019 respectively. It is further contended that one Prakash Chandra
Nayak, whose name finds place at serial no. 82, filed W.P.(C) No. 6271 of
2021, which was allowed on 05.03.2021 and Pradeep Kumar Jena,
whose name finds place at serial no. 80, filed W.P.(C) No. 10189 of 2021,
wherein this Court directed the opposite parties to provide employment
under Rehabilitation Assistance Scheme, taking into consideration the
judgment passed in W.P.(C) No. 6271 of 2021 (Prakash Chandra Nayak
vs. State of Odisha). One Kartika Bhoi, whose name finds place at serial
no. 50, had filed O.A. No. 3654 (C) of 2016, which was allowed and
challenging the said order, the State had filed W.P.(C) No. 4239 of 2018,
which was dismissed 25.04.2018 confirming the order of the Tribunal.
On that basis, Prakash Chandra Nayak, Pradeep Kumar Jena and
Kartika Bhoi, whose names find place at serial no. 82, 80 & 50
respectively of the list have got their employment, whereas the petitioner
belonging to the same list, have been discriminated. It is further
contended that the case of the petitioner may be considered by the
authority on the basis of the orders passed in the case of Prakash
Chandra Nayak, Pradeep Kumar Jena and Kartika Bhoi mentioned
supra.
Mr. M. Balabantaray, learned Standing Counsel for the State
submits that if similarly situated persons have already been extended
with the benefit, by virtue of the judgments passed by this Court, the
case of the petitioner may be considered in the light of the said
judgments.
Considering the contentions raised by learned counsel for the
parties and after going through the records, this Court disposes of this
writ petition directing the opposite party no.1 to consider the grievance
of the petitioner under Annexure-9 taking into consideration the orders
passed by this Court in Prakash Chandra Nayak, Pradeep Kumar Jena
and Kartika Bhoi mentioned supra and pass appropriate order as
expeditiously as possible, preferably within a period of three months
from the date of production of certified copy of this order.
Issue urgent certified copy as per rules.
(DR. B.R. SARANGI)
A.K. Rana
JUDGE
