WP(C)/4221/2021
2021 Latest Caselaw 1489 Ori

                                W.P.(C) No. 4221 of 2021
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2.   05.02.2021         The matter is taken up through video conferencing.
                        Heard Mr. T.K. Mahanta, learned counsel for the
                  petitioner and learned Standing Counsel for School and
                  Mass Education Department.
                        This writ petition has been filed by the petitioner
                  seeking direction to the opposite parties to consider her
                  case for appointment under the Rehabilitation Assistance
                  Scheme.
                        The case of the petitioner is that her husband late
                  Bijay Kumar Behera, while working as Training Graduate
                  Teacher, Brahmananda High School, Jambhirai in the
                  district of Balasore died on 05.09.2016 and, as such, she
                  has made an application for getting appointment on
                  compassionate ground, but the same has not been
                  extended in her favour.
                        Mr. T.K. Mahanta, learned counsel for the petitioner
                  submits that the petitioner's case is squarely covered by
                  the judgment rendered by this Court in the case of
                  Ritanjali giri @ Paul vrs. State of Odisha (School &
                  M.E. Deptt.) & others, 2016(1) ILR-1162, but even then
                  the grievance of the petitioner is not ventilated by the
                  authorities. Hence, the instant writ petition has been filed.
                        Having heard the learned counsel for the parties and
                  after going through the order passed by this Court in the
                  case of Ritanjali giri @ Paul (supra), it appears that the
                  case of the petitioner is required to be considered by the
                  authorities in the light of the said judgment.
                        In such view of the matter, this writ petition is
                  disposed of giving liberty to the petitioner to file a fresh
                  representation before the opposite party no.1 along with
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        all details and also the rules and regulations and the
        judgments referred in this regard by this Court within
        three     weeks     from     the     date       of   receipt     of
        certified/authenticated    copy     of   this   order.   If    such
        application is filed, the concerned opposite party shall
        consider the same and pass a reasoned and speaking
        order in accordance with the law within a period of three
        months from the date of receipt of such representation.
                Needless to say that if the petitioner's case is found
        to be squarely covered under the judgment rendered by
        this Court in the case of Ritanjali giri @ Paul (supra),
        then consequential relief shall be granted to her forthwith.
                With the aforesaid observation and direction, the
        writ petition is disposed of.


Ashok                                       ................................
                                             Dr. B.R. Sarangi, J.