Sanjaya Kumar Das vs State Of Odisha And Ors
2022 Latest Caselaw 3818 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK
                   W.P.(C) No.18264 of 2022

        Sanjaya Kumar Das                  ....           Petitioner
                                      Mr. Biyotkesh Mohanty, Adv.
                                 -versus-
        State of Odisha and Ors.          ....     Opposite Parties
                                        Mr. Debasis Mohapatra, SC
                                               (for S & ME Deptt.)

                   CORAM:
                   DR. JUSTICE S.K. PANIGRAHI

Order                           ORDER
No.                            08.08.2022

01. 1. This matter is taken up through hybrid arrangement.

2. Heard.

3. In this Writ Petition, the petitioner challenges the

action of the opposite parties in not considering his

application for appointment under the Rehabilitation

Assistance Scheme.

4. Learned counsel for the petitioner submits that the

father of the petitioner was working as a Hindi Teacher

of Tribhuban Government High School, Khalheipali in

the district of Sambalpur. He died in harness on

07.03.2016. After death of his father, the petitioner filed

an application for compassionate appointment before the

opposite party No.3- District Education Officer,

// 2 //

Sambalpur annexing all the necessary papers on

12.04.2017 through the opposite party No.4- Headmaster,

Tribhuban Government High School, Kalheipali. But till

date, no action has been taken on the application of the

petitioner by the opposite parties. Therefore, the

petitioner is constrained to approach this Court.

5. However, the question whether the application for

appointment under the Rehabilitation Assistance Scheme

must be considered in light of the Rules prevalent on the

date of death of the Government employee or the date of

consideration of the application is pending before a larger

Bench of the Supreme Court with a reference having been

made in SBI -vrs.- Sheo Shankar Tewari1.

6. In that view of the matter, awaiting the Judgment of

the larger Bench of the Supreme Court in the above case,

the present Writ Petition is adjourned sine die with a

permission to the parties to mention it for listing after the

decision of the Supreme Court.

( Dr. S.K. Panigrahi) Judge BJ

(2019) 5 SCC 600.