Tuleswar Majhi vs Sate Of Odisha & Others
2021 Latest Caselaw 9269 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  W.P.(C) No. 25387 of 2021

            Tuleswar Majhi                    .....                         Petitioner
                                                              Mr. S.K. Singh, Advocate
                                             -Versus-

            Sate of Odisha & Others           .....                    Opposite Parties
                                                                       State Counsel
                        CORAM:
                           DR. JUSTICE B.R. SARANGI
                                             ORDER

03.09.2021

I.A. No.12173 of 2021

Order No. This matter is taken up through hybrid mode.

02. Heard learned counsel for the petitioner.

This application has been filed by the petitioner for modification of order dated 26.08.2021.

Considering the grounds taken in this application, the order dated 26.08.2021 is hereby recalled and fresh order is passed today separately in W.P.(C) No. 25387 of 2021.

The I.A. stands disposed of accordingly.

`                                                     (DR. B.R. SARANGI)
                                                           JUDGE



                                                                               P.T.O.
                                   W.P.(C) No. 25387 of 2021

Order No.               This matter is taken up through hybrid mode.
   03.

2. Heard Mr. S.K. Singh, learned counsel for the petitioner and learned State Counsel for the opposite parties.

3. The petitioner has filed this writ petition seeking to quash the letter dated 19.04.2021 passed by the opposite party no.3 under Annexure-5 and further seeks direction to the opposite parties to reconsider the case of the petitioner for his appointment under Rehabilitation Assistance Scheme and appoint him in Group 'C' category as per the recommendation of the Evaluation Committee under Annexure-4 within a stipulated time.

4. 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-5 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-5 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 and also keeping the recommendation under Annexur-4.

5. 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.

6. With the aforesaid observation and direction the writ petition stands disposed of.

Issue urgent certified copy as per rules.

A.K.Rana (DR. B.R. SARANGI) JUDGE