Unknown vs M
2021 Latest Caselaw 6546 Ori

                              WP(C) No. 12032 of 2021




02.   24.06.2021            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 22.01.2021 passed by the opposite party
                   no.3 under Annexure-8 and further seeks direction to the
                   opposite parties to declare Odisha Civil Service (Rehabilitation
                   Assistance) Rule, 2020 as ultra vires for the applicant/petitioner,
                   i.e. legal heir of deceased employee who has applied for
                   compassionate    appointment        under   Odisha   Civil     Service
                   (Rehabilitation Assistance) Rule, 1990 and prior to the new
                   Odisha Civil Service (Rehabilitation Assistance) Rule, 2020.
                            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.
                   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.


                                           .......................................

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