Ramesh Raut @ Ramesh vs State Of Odisha And
2023 Latest Caselaw 2684 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK

                         W.P.(C) No.9775 of 2023

        Ramesh Raut @ Ramesh
        Kumar Raut                           ....                   Petitioner
                                                   Mr. Ranjit Samal, Advocate

                                          -versus-
        State of Odisha and
        Others                               ....               Opposite Parties
                                                          Mr. Y.S.P. Babu, AGA

                           CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY

                                            ORDER

03.04.2023 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 Opposite Parties.

3. The Petitioner has filed the present Writ Petition with the following prayer: -

<Therefore it is humbly prayed that this Hon'ble Court may graciously be pleased to admit this writ petition, call for the records, issue rule Nisi calling upon the Opp. Parties to show cause as to why the compassionate appointment shall not be provided to the petitioner as on the date of his father's death in consonance with the Orissa Civil Service (Rehabilitation Assistance) Rules, 1990. Failing to show cause or showing insufficient cause/no cause, issue the writ of Mandamus directing the Opp. Parties to provide the compassionate appointment considering his case as per the Rule prevailing as on the date of death of petitioner's father in the light of the Judgment of the Hon'ble Supreme Court in State of Madhya Pradesh & Ors. Versus- Amit Shrivas (CIVIL APPEAL NO.8564 OF 2015), // 2 //

State of Madhya Pradesh & Ors., -Vrs- Ashish Awasthi & Malayananda Sethy -Vrs- State of Orissa & Others cited in the writ petition within a specific time limit fixed by this Hon'ble Court.=

4. However, taking into account the claim raised in the present Writ Petition, liberty is granted to the Petitioner to make a detailed representation before Opp. Party No.3 by enclosing all the relevant documents and citations in support of his claim, if any, within a period of three weeks hence.

5. It is observed that if such a representation is filed within the aforesaid period, Opp. Party No.3 shall do well to take a lawful decision on the same within a period of three months from the date of receipt of such representation. The order so passed by the Opp. Party No.3 be communicated to the petitioner.

6. With the aforesaid observation and direction, the Writ Petition is disposed of.

(Biraja Prasanna Satapathy) Judge

Basudev