2 30.03.2021 Heard Learned ... vs M.Mahesh Kumar With Two Other ...
2021 Latest Caselaw 4375 Ori

           W.P.(          C.M.P.
                             W.P.(C).No.11141
                                 No.1360 of 2015of 2021




2   30.03.2021             Heard learned counsel appearing for the petitioner.
                           This writ petition involves the following prayer:
                           "The petitioners therefore prays that this Hon'ble Tribunal may graciously
                   be pleased to:
                         (i)       Direct the opp. Parties to give appointment to the petitioner under
                                    Rehabilitation   Assistance     Scheme        as   per   O.C.S.   (R.A.)
                                    Amendment Rules, 2016 as the petitioner applied on 28.12.2018
                                    due to death of his father in harness on 30.3.2018 and thereby
                                    quash the order dated 17.8.2020 as at Annexure-11 in the light of
                                    the decision vide Annexure-12 series;
                         (ii)        pass such other order(s)/direction(s)         as would deem fit and
                                    proper in the bonafied interest of justice;
                                 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 Assistance Scheme is called for
                   on 30.3.2018 and the date of application for appointment under
                   Rehabilitation Assistance Scheme since made on 28.12.2018 , this
                   Court finds the rejection order under Annexure-11                         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-11
                   sets aside the same and directs the opposite party no.2 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
                   period of one month from the date of communication of certified
                   copy of this order by the petitioner.
                         -2-




           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