State Of Odisha vs Yagyansis Ray
2021 Latest Caselaw 8956 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK
                          W.A. No.367 of 2021



            State of Odisha                             ...          Appellant
                                                            Mr. M.K. Khuntia
                                              Additional Government Advocate
                                          -versus-
            Yagyansis Ray                             ...          Respondent
                                                                       None

                       CORAM:
                       THE CHIEF JUSTICE
                       JUSTICE B.P. ROUTRAY
                                        ORDER

Order No. 26.08.2021

02. 1. Learned counsel for the Appellant refers the judgment of the Supreme Court in N.C. Santhosh v. State of Karnataka (2020) 7 SCC 617 which has considered the judgment relied upon by the learned Single Judge in Canara Bank v. M. Mahesh Kumar (2015) 7 SCC 412 and has now clearly held that norms prevailing on the date of the application would be the basis for considering the claim for compassionate appointment.

2. Notice. Issue notice to the Respondent by Speed Post with A.D. returnable by the next date. Requisites be filed within three days. Tracking report be placed on record by the next date.

3. Additionally, a copy of the memorandum of appeal be served on the learned counsel for the Respondent who was appearing before the learned Single Judge in the writ petition.

4. List on 27th September, 2021. In the meanwhile, learned counsel for the Appellant should ensure that the said memorandum of appeal is retyped as per requirement of the Court.

I.A. No.927 of 2021

5. There shall be stay of the impugned order dated 5th April, 2021 passed by learned Single Judge in W.P.(C) No.9712 of 2021 till the next date.

6. An urgent certified copy of this order be issued as per rules.

(Dr. S. Muralidhar) Chief Justice

(B.P. Routray) Judge S.K. Jena/P.A.