Prashna Kumar Behera vs State Of Odisha And Ors
2022 Latest Caselaw 4151 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK
                   W.P.(C) No.20890 of 2022

        Prashna Kumar Behera               ....          Petitioner
                                  Mr. Chandra Sekhar Panda, 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.                            24.08.2022

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

2. Heard.

3.The Petitioner, in this Writ Petition, assails the order

dated 16.10.2021 passed by the Opposite Party No.3/

District Education Officer, Kandhamal, Phulbani rejecting

his grievance for appointment under the Rehabilitation

Assistance Scheme as per the Odisha Civil Services

(Rehabilitation Assistance) Rules, 2020.

4. In such view of the matter, let notice be issued to the

opposite parties.

5. Mr. Debasis Mohapatra, learned Standing Counsel for

the Department of School and Mass Education waives of

notice on behalf of the Opposite Parties. Required

// 2 //

number of copies of the brief be served on him within

three working days hence, who shall obtain instructions

in the matter.

6. 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.

7. 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

B.Jhankar

(2019) 5 SCC 600.