Orissa High Court
Sumit Burman vs State Of Odisha And Others on 6 May, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.11171 of 2022
Sumit Burman .... Petitioner
Mr. Laxmi Prasad Dwivedy, Advocate
-versus-
State of Odisha and others .... Opposite Parties
Mr. YSP Babu, AGA for State
CORAM:
JUSTICE A.K.MOHAPATRA
ORDER
06.05.2022
Order No.
01. 1. This matter is taken up through Hybrid Arrangement
(Virtual/Physical Mode).
2. Heard learned counsel for the Petitioner and learned counsel
for the State.
3. The present writ petition has been filed by the Petitioner
with the following relief:
"Under the aforesaid facts and circumstances, it is
therefore, prayed that this Hon'ble Court may graciously
be pleased to:
i) quash the order dated 09.12.2021 and 13.12.2021
as at Annexure-9 and 10 and thereby direct the
Opp. Parties to give appointment to the Petitioner
as per his Application, dated 06.12.2017 in terms of
the O.C.S. (R.A.) Rules, 1990 and Amendment
Rules, 2016, within a stipulated period, as may be
prescribed by this Hon'ble Court for the interest of
justice;
ii) pass such other order(s) or issue direciton9s) as
may be deemed fit and proper in the bona fide
interest of justice;
// 2 //
And for this act of kindness, the Petitioner as in duty
bound shall ever pray."
4. It is submitted by learned counsel for the Petitioner that he
has submitted an application for appointment under the
Rehabilitation Assistance Scheme on 06.12.2017, which is filed
along with Annexure-2. Further, it is submitted that the application
of the Petitioner has already been approved by the Screening
Committee and Petitioner is eligible to be appointed under the R.A.
Scheme. But in the meantime the old rule, i.e. O.C.S. (R.A.) Rules,
1990 was substituted by O.C.S. (R.A.) Rules, 2020. Therefore, the
Authorities have written a letter to the Petitioner dated 31.12.2021
directing the Petitioner to make a fresh application under the new
rule, i.e. O.C.S. (R.A.) Rules, 2020. It is further submitted that the
conduct of the Opposite Parties asking the Petitioner to make fresh
application in the new rule is not proper and justified. The Hon'ble
Apex Court in the case of State of Madhya Pradesh vs. Ashish
Awasthi, reported in 2021(II) OLR (SC) 1072, has 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. The Hon'ble Apex Court further in the case of
Canara Bank and another vs. M. Mahesh Kumar, reported in
(2015) 7 SCC 412, has also reiterated the above facts. In spite of the
above decisions of the Hon'ble Apex Court, the Opposite Parties are
insisting for filing fresh application under the O.C.S. (R.A.) Rules,
2020.
5. Learned counsel for the State on the other hand submits that
necessary direction may be issued to the Authorities in the matter.
// 3 //
6. Having heard learned counsel for the parties and taking into
consideration the law laid down by the Hon'ble Apex Court, this
Court is of the considered view that law is well settled that the date
of application has to be taken into consideration for grant of
Rehabilitation Assistance Scheme to a person.
7. Considering the submissions made and keeping in view the
facts and circumstances of the case, this Court sets aside the order
dated 09.12.2021 (Annexure-9) and letter dated 31.12.2021
(Annexure-10) and directs the appropriate Authorities to consider
the application of the Petitioner for Rehabilitation Assistance
appointment under the old R.A. Scheme as per the judgment of the
Hon'ble Apex Court referred to herein above. It is further directed
that the application of the Petitioner shall be considered and
disposed of within a period of three months from the date of
production of certified copy of this order.
8. With the above direction, the Writ Petition stands disposed
of.
9. Issue urgent certified copy as per rules.
(A.K. Mohapatra)
Judge
U.K.Sahoo
