Rabinarayan Kaibarta vs State Of Odisha & Ors. .... Opposite ...
2023 Latest Caselaw 15397 Ori

Orissa High Court

Rabinarayan Kaibarta vs State Of Odisha & Ors. .... Opposite ... on 1 December, 2023

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                          W.P.(C) No. 3368 of 2021

        Rabinarayan Kaibarta                 ....               Petitioner
                                                      Mr. C.A. Rao, Sr. Advocate

                                           -versus-

        State of Odisha & Ors.               ....              Opposite Parties
                                                           Mr. S.K. Samal, AGA


                             CORAM:
                JUSTICE BIRAJA PRASANNA SATAPATHY

                                      ORDER

01.12.2023 Order No

03. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2. Heard learned counsel for the parties.

3. The Petitioner has filed the present Writ Petition challenging the rejection of his claim for appointment under the provisions of Rehabilitation Assistance Scheme by the Opposite Party No.2 vide order dated 29.10.2020 under Annexure-7.

4. Learned Sr. Counsel for the Petitioner contended that the case of the Petitioner is covered by the Judgment of the apex Court in the case of Malayananda Sethy v. State of Orissa, Civil Appeal No.4103 of 2022 disposed of on 20.05.2022 and in view of the decision, the impugned rejection is not sustainable in the eye of law.

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5. Mr. S.K. Samal, learned Addl. Govt. Advocate does not dispute the said position.

6. In the above view of the matter, this Court while disposing the Writ Petition quash the order dtd.29.10.2020 at Annexure-7 and directs O.P. No.2 for reconsideration of the claim of the Petitioner in the light of the decision in the case of Malayananda Sethy (supra) 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.

(Biraja Prasanna Satapathy) Judge Sneha

Location: High Court of Orissa, Cuttack