Trilochan Thela vs State Of Odisha & Others
2021 Latest Caselaw 9092 Ori

                                 1


                IN THE HIGH COURT OF ORISSA AT CUTTACK

                              W.P.(C) No. 26035 of 2021

          Trilochan Thela                     .....                   Petitioner
                                                      Mr. B.B. Mohanty, Advocate
                                        - Versus-
          State of Odisha & others            .....                   Opp. Parties
                                                                   State Counsel
                      CORAM:
                         DR. JUSTICE B.R. SARANGI

                                       ORDER

31.08.2021 Order No. 1. This matter is taken up through hybrid mode.

2. Heard learned counsel for Petitioner and learned State Counsel for the Opposite Parties.

3. The petitioner has filed this writ petition seeking to quash the order dated 30.07.2021 passed by the opposite party no.4 under Annexure-6 and further seeks direction to the opposite parties to issue order of appointment in favour of the petitioner by considering the case of the petitioner for appointment under compassionate ground by applying the Odisha Civil Service (Rehabilitation Assistance) Rule, 1990 and read with Odisha Civil Service (Rehabilitation Assistance) Amendment Rules, 2016.

4. 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-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.4 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.

5. 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.

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

7. Urgent certified copy of this order be granted on proper application.

                                                     (Dr. B.R. Sarangi)
A.K. Rana                                                  Judge