Abinash Behera vs State Of Odisha And Ors
2022 Latest Caselaw 3827 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK
                   W.P.(C) No.18250 of 2022

        Abinash Behera                     ....           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 an Assistant

Teacher of Ramtelitilema Upper Primary School, in the

district of Sambalpur. He died in harness on 20.09.2018.

After death of his father, the petitioner filed application

for compassionate appointment before the opposite party

No.2- Director of Elementary Education, Odisha,

// 2 //

Bhubaneswar annexing all the necessary papers on

26.06.2020. 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.