Pratik Mohapatra vs State Of Odisha And Others
2021 Latest Caselaw 6801 Ori

       IN THE HIGH COURT OF ORISSA AT CUTTACK
                            W.P.(C) No.18593 of 2021

Pratik Mohapatra                                .....                    Petitioner
                                                         Mr. M.K. Swain, Advocate
                                          Vs.
State of Odisha and others                      .....               Opposite party
                                                           Standing Counsel S&ME


            CORAM:
                DR. JUSTICE B.R. SARANGI

                                             ORDER

02.07.2021

Order No. This matter is taken up by video conferencing mode.

Heard Mr. M.K. Swain, learned counsel for the petitioner and Mr. B. Mohanty, 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 his case for appointment under the Rehabilitation Assistance Scheme.

The case of the petitioner is that his father late Upendra Kumar Mohapatra , while working as Junior Clerk in Bighnaraj High School, Sanmeheswar, Khaniar in the district of Nuapada died on 14.08.2019 and, as such, he has made an application for getting appointment on compassionate ground, but the same has not been extended in his favour.

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 all details and also the rules and regulations and the judgments referred in this regard by this Court within three weeks hence 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 him forthwith.

With the aforesaid observation and direction, the writ petition is disposed of.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a print out of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed, vide Court's Notice No.4587 dated 25th March, 2020, as modified by Court's notice no. 4798 dated 15th April, 2021.

Ashok (DR. B.R. SARANGI) JUDGE