Bhawani Shankar Joshi vs Govt. Of Odisha And Others
2021 Latest Caselaw 9352 Ori

       IN THE HIGH COURT OF ORISSA AT CUTTACK
                         WPC (OA) No. 2432 of 2002

Bhawani Shankar Joshi                           .....                        Petitioner
                                                             Mr. S.B. Rath, Advocate
                                          Vs.
Govt. of Odisha and others                      .....                 Opposite parties

                                                      Mr. S. Jena, S.C. S&ME Deptt.

            CORAM:
                DR. JUSTICE B.R. SARANGI

                                            ORDER

07.09.2021

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

2. Heard Mr. S. B. Rath, learned counsel for the petitioner and Mr. S. Jena, learned Standing Counsel for School and Mass Education Department.

3. The petitioner has filed this writ petition to quash annexures-8 & 9 so far it relates to the petitioner and further seeks direction to the opposite parties to allow him to continue in his present post with all service benefits.

4. Mr. S. B. Rath, learned counsel for the petitioner contended that the petitioner was appointed on compassionate ground under Rehabilitation Assistance Scheme applicable to the petitioner. While he was so continuing, the scheme was abolished and therefore, he faced disengagement from service. Therefore, he approached the Tribunal by filing O.A. During pendency of the case, the petitioner has been re- engaged. Thereby, the petitioner claims the benefit for the said period. It is further contended that similarly situated candidate has got the benefit pursuant to order dated 07.05.2008 passed by the Odisha Administrative Tribunal, Bhubaneswar in O.A. No.1019 of 2004 (Santosh Kumar Hota v. State of Orissa), which has been confirmed vide order dated 05.02.2010 by this Court in W.P.(C) No.11247 of 2009 (State of Orissa & Others v. Santosh Kumar Hota).

5. In that view of the matter, this Court permits the petitioner to file a fresh representation within a period of three weeks from today ventilating his grievances before the authority. In the event the petitioner files such representation along with this order incorporating the judgment passed by the Tribunal and the order of this Court, the authority shall consider and pass appropriate order within a period of three months thereafter.

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

Issue urgent certified copy as per rules.

Alok (DR. B.R. SARANGI) JUDGE