2 10.03.2021 The Matter Is Taken Up ... vs Counsel For The State
2021 Latest Caselaw 3546 Ori

                                W.P.(C) No.8963 of 2021




02   10.03.2021           The    matter   is       taken   up    through       hybrid
                  arrangement (virtual/physical mode).
                          Heard Mr. D.N. Rath, learned counsel for the
                  petitioner and Mr. Sahu, learned Additional Standing
                  Counsel for the State opposite parties.
                          The    petitioner    has    filed    this    writ   petition
                  claiming for appointment under the Orissa Civil Service
                  (Rehabilitation Assistance) Rules, 1990. Earlier the
                  petitioner had approached this Court by filing W.P.(C)
                  No.20090 of 2016 and this Court vide judgment dated
                  09.08.2018 remitted the matter to opposite party no.1
                  to consider the case of the petitioner for appointment
                  under the Rules, 1990 within three months from the
                  date of production of the judgment. In compliance of
                  the same, the Government issued the letter dated
                  07.08.2019 under Annexure-7 to the Director, Higher
                  Education, Odisha intimating that the Government has
                  accorded     administrative       approval     for     contractual
                  appointment of the petitioner under Rehabilitation
                  Assistance    Scheme        in     S.V.M.     (Auto)        College,
                  Jagatsinghpur.    Accordingly,       the      Director,      Higher
                  Education, Odisha issued contractual appointment with
                  consolidated pay vide Annexure-9 dated 24.09.2020
                  which is contrary to the Rules, 1990.
                          Issue notice.
                          Two extra copies of the writ petition be served
                  on learned Additional Standing Counsel for the State
        opposite parties within three days as he appears for
       opposite parties no.1 and 2.
               Requisites for issuance of notice to opposite
       party no.3 by speed post shall be filed within three
       days. Office shall send notice to the said opposite party
       fixing a short returnable date.


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

Alok (DR. B.R. SARANGI) JUDGE