Kaliprasad Satapathi vs State Of Odisha And Others
2023 Latest Caselaw 9812 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 W.P.(C) No.26927 of 2023


                 Kaliprasad Satapathi                    ....             Petitioner
                                                         Mr. G.R. Sethi, Advocate

                                              -versus-

                 State of Odisha and others              ....           Opp. Parties
                                                              Mr. N.K. Praharaj, A.G.A.




                                CORAM:
                               JUSTICE A.K. MOHAPATRA
                                           ORDER

Order No.                                 22.08.2023
    01.     1.      This matter is taken up through Hybrid Arrangement (Virtual
            /Physical Mode).

2. Heard learned counsel for the parties.

3. The present writ petition has been filed by the Petitioner with the following prayers:-

"It is therefore prayed that the Hon'ble court may graciously be pleased to admit the case and call for the records and after hearing both the parties pass the following reliefs:

i) To quash the rejection order dtd. 24.6.2020 under Annexure-12.

ii) To direct the Opposite Parties to appoint the petitioner as per OCS (Rehabilitation Assistance) Rules, 1990.

iii) To direct the Opposite Parties to grant all financial and consequential benefits flowing from the date of appointment.

iv) To pass such other order/orders as would // 2 //

be deemed fit and proper."

4. Mr. G.R. Sethi, learned counsel for the Petitioner contended that the case of the Petitioner is covered by the judgment of the apex Court in the case of Malaya Nanda Sethy v. State of Orissa and others in Civil Appeal No.4103 of 2022 disposed of on 20.05.2022 and in view of the decision, the impugned rejection order is not sustainable in the eye of law.

5. Mr. P.C. Das, learned Additional Government Advocate appearing for the State-Opposite Parties does not dispute the position.

6. In the above view of the matter, this Court while disposing the Writ Petition quash the order at Annexure-12 and directs Opposite Party No.3 for reconsideration of the claim of the Petitioner in the light of the decision in the cases of Malaya Nanda Sethy (supra) and State of West Bengal -v.- Debabrata Tiwri, reported in (2023 (3) SCALE-557 and pass appropriate order in accordance with law within a period of 2(two) months from the date of receipt of this order.

7. The Writ Petition is disposed of accordingly.

( A.K. Mohapatra ) Judge

Debasis Signature Not Verified Digitally Signed Signed by: DEBASIS AECH Designation: Secretary Reason: Authentication Location: OHC CUTTACK Date: 26-Aug-2023 18:44:44