Unknown vs M
2021 Latest Caselaw 6499 Ori

                                WP(C) No. 18354 of 2021




02.   23.06.2021            This matter is taken up by video conferencing mode.
                            Heard learned counsel for Petitioner and learned State
                   Counsel for the Opposite Parties.
                            The petitioner has filed this writ petition seeking to
                   quash the order dated 14.12.2020 passed by the opposite party
                   no.3 under Annexure-8 and further seeks direction to the
                   opposite parties to reconsider the case of the petitioner for her
                   appointment under Rehabilitation Assistance Scheme as per the
                   provisions of OCS (Rehabilitation Assistance) Rules, 1990 read
                   with Amendment Rules, 2016 as well as the order dated
                   02.01.2019 passed by the Government under Annexure-6 within
                   a stipulated time.
                            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-8 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-8 sets aside the same and directs the Opposite Party
                   No.2 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 also keeping the recommendation
         under Annexur-6.
                  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.
                  With the aforesaid observation and direction the writ
        petition stands disposed of.
              As the 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 25th March, 2020 as modified by Court's Notice No. 4798
        dated 15th April, 2021.


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Ajaya (DR. B.R. SARANGI, J)