2 30.03.2021 Heard Learned ... vs M.Mahesh Kumar With Two Other ...
2021 Latest Caselaw 4374 Ori

           W.P.(          C.M.P.
                             W.P.(C).No.11292
                                 No.1360 of 2015of 2021




2   30.03.2021                Heard learned counsel appearing for the petitioner.
                              This writ petition involves the following prayer:
                              "The petitioner, therefore, most humbly prays that your Lordships would
                   be graciously pleased to admit this writ petition and issue Rule NISI to the Opp.
                   Parties to show cause.
                         i)        As to why the action taken under Annexure-21 rejecting the
                                    petitioner's appointment under RA Scheme, 2020 shall not be
                                    quashed;
                         ii)       As to why the petitioner shall not be given appointment under the
                                    provision of OCS (RA) Rule, 1990 and Amended Rules, 2016,
                                    with all consequential service and financial benefits;
                         iii)      If the Opp. Parties fail to show cause or show insufficient cause,
                                    then the Rule may be made absolute by issuing appropriate
                                    writ/writs, direction/orders as deems fit and proper;
                                    And for which act of kindness, the petitioner as in duty bound shall
                                    ever pray."
                        Looking to the date of death of deceased involving whom
                   appointment under Rehabilitation Assistant Scheme is called for on
                   11.04.2016        and the date of application            for appointment under
                   Rehabilitation Assistance Scheme since made on 9.11.2016, this
                   Court finds the rejection order under Annexure-21                        applying the
                   notification dated 17.2.2020, which has not even seen the light of
                   the day either on the date of death or on the date of submission of
                   application remains contrary to the decision of this Court in disposal
                   of W.P.(C).No.8486 of 2021 and also remain contrary to the Hon'ble
                   Apex Court judgment 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 in the order at Annexure-21
                   sets aside the same and directs the opposite party no.4 to consider
                   the case of the petitioner under Principal Rule, 1990 along with
                   amended Rule, 2016 and issue necessary appointment order in
                   favour of the petitioner by completing the entire exercise within a
                           -2-




      period of one month from the date of communication of certified
      copy of this order by the petitioner.
            The writ petition stands disposed of with the observation and
      direction made hereinabove.
            A free copy of this order be handed over to Sri S.P.Panda,
      learned     Additional    Government    Advocate     for   onward
      communication.



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

BISWANATH RATH,J

sks