Unknown vs M. Mahesh Kumar With Two Other ...
2021 Latest Caselaw 4451 Ori

                              W.P.(C) No.11883 of 2021




2.   31.03.2021          Heard learned counsel for Petitioner and learned
                  State Counsel for the Opposite Parties.
                         This Writ Petition involves the following prayer:
                                  "On the facts and in the circumstances stated
                               above, your Petitioner, therefore, prays that this
                               Hon'ble Court be pleased to quash the
                               impugned order No.938 dt.11.02.2021 of the
                               Tahasildar, Chatrapur under Annexure-8 by
                               holding the same as not only bad, illegal and
                               arbitrarily, but also contrary to the recent
                               decision of this Hon'ble Court dt.19.03.2021
                               passed in W.P.(C) No.10168 of 2021; and
                               thereby direct the opp.parties to forthwith
                               consider the case of the Petitioner and issue
                               appointment order in his favour in any Group D
                               post as per Rules, 2016 pass such other order
                               (s) as deemed fit and proper in the bonafide
                               interest of justice and fair play;"

                         Looking to the date of death of the deceased involving
                  whom appointment under the Rehabilitation Assistance
                  Scheme is sought for 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
                                2




       at Orissa Civil Services (Rehabilitation Assistance) Rules,
       1990 with the amended Rules, 2016 and also keeping in view
       the medical examination already conducted involving this
       case vide Annexur-7.
             The entire exercise shall be completed within a period
       of one & half months from the date of communication of a
       copy of this order by the Petitioner.
             With the aforesaid observation and direction the writ
       petition stands disposed of.


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

(Biswanath Rath, J.)

Ayas