Orissa High Court
Parbati Munda vs State Of Odisha And Others on 18 July, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.20921 of 2023
Parbati Munda .... Petitioner
Mr. G.N. Sahu, Advocate
-versus-
State of Odisha and others .... Opp. Parties
Mr. A.Pr. Das. A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 18.07.2023
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the petitioner as well as learned
counsel for the State. Perused the writ petition as well as documents
annexed thereto.
3. The present writ petition has been filed by the petitioner with
the following prayers:
"It is therefore most humbly prayed that, under
the above Circumstances your Lordships shall be
graciously pleased to issue Rule NISI calling upon the
Opposite parties to show cause as to why the petitioner
will not be appointed in any suitable post un RA Scheme
and if the Opposite Parties fail to file show cause or file
insufficient cause on perusal of causes shown make the
said Rule absolute and further be pleased to issue a writ
of Mandamus or any other appropriate writ or order
directing the Opp. parties to appoint the petitioner in any
suitable post under RA Scheme within a stipulated
period.
And/or pass such other order/orders, writ/writs,
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direction/directions as deem fit and proper in the facts
and circumstances of the case:"
4. It is submitted by learned counsel for the Petitioner that the
father of the Petitioner, Late Charu Munda, who was working as a
Peon under the Executive Engineer, M.I. Division, Sambalpur,
passed away untimely on 19.06.2005. Thereafter, the Petitioner
being the legal heir of his deceased father submitted an application
for appointment under the Rehabilitation Assistance Scheme Rules,
1990 in the year 2015 within one year of death of his father. In this
context, learned counsel for the Petitioner relies upon the judgment
rendered by the Hon'ble Supreme Court in the case of Malaya
Nanda Sethy vrs. State of Orissa and others : reported in 2022(II)
OLR(SC)-1. Relying the aforesaid judgment, learned counsel for the
Petitioner submits that the application of the Petitioner needs to be
considered in the light of the judgment rendered by the Hon'ble
Supreme Court.
5. In course of hearing, it is submitted by the learned counsel for
the Petitioner that the Petitioner wants to make a fresh
representation before the authority concerned with a direction from
this Court to the authority to consider the case of the Petitioner
within a stipulated period of time.
6. Learned counsel for the State, on the other hand, submits that
he has no objection if the Petitioner is permitted to file a fresh
representation before the authority concerned with a direction to the
authority concerned to consider the representation of the Petitioner
in accordance with law within the stipulated period of time.
7. However, this Court is of the considered view, such delay
cannot take away the valuable right of the petitioner approached this
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Court within a reasonable time.
8. Considering the submissions made by learned counsels for the
respective parties, on careful consideration the background of the fact
of the petitioner, this Court deems it proper to dispose of the writ
petition by directing the petitioner to file a fresh representation
ventilating her grievances along with certified copy of this order
before the Executive Engineer, M.I. Division, Sambalpur-Opposite
Party No.3 within two weeks days from today. In the event such a
representation is filed within the aforesaid period, the Opposite Party
No.3 shall do well to consider and dispose of the same in accordance
with law within a period of two months from the date of receipt of
the representation as well the Opposite Party No.3 shall do well do
consider the case of the petitioner as per law laid down by the
Hon'ble Supreme Court in the case of Malaya Nanda Sethy vrs.
State of Orissa and others : reported in 2022(II) OLR(SC)-1 and
State of West Bengal vrs. Debabrata Tiwari passed in Civil Appeal
No.8842 of 2022 decided on 3rd of March, 2023 reported in (2023
(3) Scale-557) within the aforesaid time. Any decision so taken on
the same shall be communicated to the petitioner within a period of
ten days thereafter.
9. With the aforesaid observation/direction, the writ petition is
disposed of.
Urgent certified copy of this order be granted on proper
application.
Signature Not Verified
Digitally Signed
Signed by: JAGABANDHU BEHERA ( A.K. Mohapatra)
Designation: Secretary-in-Charge
Reason: Authentication Judge
Location: OHC, CUTTACK
Date: 19-Jul-2023 19:01:48
Jagabandhu
