Durga Charan Seth vs State Of Odisha And Others
2021 Latest Caselaw 8847 Ori

        IN THE HIGH COURT OF ORISSA AT CUTTACK
                      W.P.(C) No.25368 of 2021

Durga Charan Seth                     .....                    Petitioner
                                                   Mr. B.S. Tripathy-1,
                                                             Advocate
                                   Vs.
State of Odisha and others           .....               Opposite parties
                                                         State Counsel

             CORAM:
                DR. JUSTICE B.R. SARANGI
                                       ORDER

25.08.2021 Order No. The matter is taken up by hybrid mode.

2. Heard learned counsel for the parties.

3. The petitioner has filed this writ petition seeking to quash the letter dated 08.06.2020 under Annexure-7 and letter dated 11.11.2020 under Annexure-8, and to issue direction to opposite parties to consider his case for compassionate appointment in place of his late father under the Odisha Civil Service (Rehabilitation Assistance) Rules, 1990 as amended in 2016.

4. Looking to the date of death of the deceased involving whom appointment under the Rehabilitation Assistance Scheme is sought for and the date of application for appointment under the Rehabilitation Assistance Scheme, this Court finds that the order of rejection vide Annexures-7 and 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 orders vide Annexures-7 and 8 sets aside the same and directs 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 with the amended Rules, 2016. The entire exercise shall be completed within a period of three months from the date of production of certified copy of this order by the Petitioner.

5. With the aforesaid observation and direction the writ petition stands disposed of.

Issue urgent certified copy as per rules.

Ashok (Dr. B.R. Sarangi) Judge