Jayanta Behera vs State Of Odisha & Others
2021 Latest Caselaw 8568 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  W.P.(C) No. 23559 of 2021

            Jayanta Behera                   .....                         Petitioner
                                                              Mr. P.K. Mohapatra, Adv.
                                           -Versus-

            State of Odisha & others         .....                    Opposite Parties
                                                                       State Counsel
                        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 Petitioner and learned State Counsel for the Opposite Parties.

The petitioner has filed this writ petition seeking to quash the order dated 01.03.2021 passed by opposite party no.1 under Annexure-6 and further seeks direction to the opposite parties to appoint him as per OCS (Rehabilitation Assistance) Rule, 1990 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-6 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-6 sets aside the same and directs the Opposite Party No.1 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 & Amendment Rule, 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.

(DR. B.R. SARANGI) Alok JUDGE