Orissa High Court
Rabindra Harijan vs Registrar Of Cooperative ... on 25 April, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.7952 of 2022
Rabindra Harijan .... Petitioner
Mr. D.R. Bhokta, Advocate
-versus-
Registrar of Cooperative Societies .... Opposite Parties
and others
Mr. Y.S.P. Babu, A.G.A.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 25.04.2022
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the petitioner as well as learned
counsel for the State.
3. It is submitted by learned counsel for the petitioner that
although the death of the father of the petitioner, who was a
Government employee, took place on 12.10.1997, the wife of the
deceased Government employee was not in a position to join in
service in place of her deceased husband under the OCS(RA) Rules
and discharge the duties. However, son of the deceased was a minor
at the time of death and after attaining the age of majority on
12.12.2014, he has submitted an application for appointment under
the Rehabilitation Assistance Scheme. He further submits that such
application is pending before the authority as of now. Learned
counsel for the petitioner also submits that the petitioner has
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complied with all the requirements as mandatory under the
Rehabilitation Assistance Scheme.
4. Challenging the rejection order dated 20.12.2014 passed by
the Secretary, Koraput Central Co-operative Bank Ltd., Koraput-
Opposite Party No.2 under Annexure-3, the Petitioner has
approached this Court by filing this writ petition and further prays to
quash the letter under Annexure-3. It is submitted by learned counsel
for the Petitioner that father of the Petitioner died in harness on
12.10.1997 leaving behind the present Petitioner as legal heir.
Accordingly, the present Petitioner had submitted an application on
12.12.2014 for appointment under Rehabilitation Assistance Scheme
under the Orissa Civil Service (Rehabilitation Assistance) Rule,
1990. However, it appears that the Authority under Annexure-3
rejected the application of the Petitioner taking into consideration the
new set of rules issued by the Government vide Circular dated
17.02.2020. The law is no more res integra. As this Court finds, the
decision of the Hon'ble Apex Court in the case of State of Madhya
Pradesh vs. Ashish Awasthi, reported in 2021(II) OLR (SC) 1072,
wherein the Hon'ble Apex Court in a clear and categorical term
observed that the policy prevalent at the time of death of the
deceased employee is only to be considered and not the subsequent
policy, so far as the Rehabilitation Assistance Scheme is concerned.
In such view of the matter, learned counsel for the Petitioner submits
that the impugned order dated 20.12.2014 under Annexure-3 is not
sustainable in law.
5. Learned counsel for the State on the other hand submits that
let the Petitioner approached the Authority afresh by filing an
application. In such event, the Authority shall consider the
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application of the Petitioner in terms of the decision of the Hon'ble
Apex Court in the case of Ashish Awasthi (supra) within a stipulated
period of time.
6. Considering the submission made and the facts and
circumstances of the present case, this Court is of the considered
view that the order dated 20.12.2014 under Annexure-3 is
unsustainable in law, therefore, the same is set aside. Further the
Petitioner is permitted to approach the Authority within a period of
two weeks from today. In that event, the Authority shall consider the
case of the Petitioner in the light of the judgment of the Hon'ble
Apex Court in the case of Ashish Awasthi (supra). The entire
exercise shall be completed within a period of three months from the
date of production of certified copy of this order.
7. With the above observation, the writ petition stands disposed
of.
8. Urgent certified copy of this order be granted on proper
application.
( A.K. Mohapatra )
Judge
Jagabandhu
