State Of Odisha And Others vs Rakesh Kumar Sahoo
2022 Latest Caselaw 3663 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  W.A. No.664 of 2022

                  State of Odisha and Others           ....          Appellants
                                                    Mr. Manoj Kumar Khuntia,
                                              Additional Government Advocate
                                             -versus-
                  Rakesh Kumar Sahoo                   ....         Respondent
                                                 Mr. Basudev Mishra, Advocate
                           CORAM:
                           JUSTICE JASWANT SINGH
                           JUSTICE M.S. RAMAN
                                 ORDER (Oral)

Order No. 03.08.2022 W.A. No.664 of 2022 &I.A.No.1686 of 2022

01. 1. This matter is taken up through virtual/physical mode.

2. It is contended that on the date of the application moved by Rakesh Kumar Sahoo (Respondent) i.e. 28th January, 2016 for consideration on compassionate basis to the post of Fireman, he was above 25 years of age and thus, ineligible for appointment against the aforesaid post under the recruitment rules framed under proviso to Article 309 of the Constitution of India. Therefore, even for the sake of arguments, it is to be accepted that the case has to be considered under the Odisha Civil Service (Rehabilitation Assistance) Rules, 1990, the Respondent cannot be appointed in violation of the eligibility clause of the statutory rules.

3. Issue notice for 16th November, 2022.

4. Mr. Basudev Mishra, learned counsel appears and waives notice on behalf of Respondent.

Let a copy of the writ appeal be served on him within next two days.

// 2 //

5. In the meanwhile, the operation of the impugned judgment dated 7th July, 2021 passed by the learned Single Judge in W.P.(C) No.17384 of 2021 shall remain stayed.

Issue urgent certified copy as per rules.

(Jaswant Singh) Judge

(M.S. Raman) Judge Jyostna August 3rd, 2022 Cuttack