Orissa High Court
Unknown vs M. Mahesh Kumar With Two Other ... on 4 June, 2021
W.P.(C) No.13679 of 2021
2. 04.06.2021 This matter is taken up by video conferencing mode.
Heard learned counsel for Petitioner and learned
State Counsel for the Opposite Parties.
This Writ Petition involves the following prayer:
"In view of the facts stated and submissions
made above, the Petitioner most humbly prays
that the Hon'ble Court may graciously be
pleased to issue a writ in the nature of Writ of
Mandamus or any other writ/writs,
order/orders, direction/directions in quashing
the letter dated 31.03.2020 (ANNEXURE-10)
in which the Opp.Party No.3 issuing direction
to the Petitioner to submit fresh/revised
application along with the requisite documents
for consideration of appointment under
Rehabilitation Assistance Scheme in Group-D
Base Level Post once again under the New
Rules i.e. Odisha Civil Services (Rehabilitation
Assistance) Rule, 2020;
And further directing the opp. parties to
issue appointment order in favour of the
petitioner under Rehabilitation Assistance
Scheme in a suitable post forthwith following
Odisha Civil Services (Rehabilitation Assistance)
Rules, 2016;
And may further be pleased to pass any
other order/orders, direction/directions as
deemed fit and proper.
And for this act this kindness as in duty
bound the petitioner shall ever pray."
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, the order of submission of fresh/revised
application dated 31.03.2020 vide Annexure-10 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
2
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-10 sets aside the
same and directs the Opposite Party Nos.2 and 3 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 and issue appointment
order in favour of the petitioner.
The entire exercise shall be completed within a period
of one & half months from the date of communication of a
copy of this order by the Petitioner.
With the aforesaid observation and direction the writ
petition stands disposed of.
As restrictions due to resurgence of COVID-19 situation are
continuing, learned counsel for the parties may utilize a printout 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 25.3.2020 as modified
by Court's Notice No.4798, dated 15th April, 2021.
..............................
(Biswanath Rath)
Vacation Judge
sks
