Orissa High Court
Satyabrata Barik vs State Of Odisha And Others on 24 July, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.21169 of 2021
Satyabrata Barik .... Petitioner
Mr. G.R.Sethi,Advocate
-versus-
State of Odisha and others .... Opp. Parties
Mr.P.C.Das, A.S.C..
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 24.07.2023
03. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the Petitioner as well as the leaned
Additional Standing Counsel. Perused the Writ Petition as well as the
documents annexed thereto.
3. The present Writ Petition has been filed with the following
prayer:
"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 letter dated 19.03.2021 under Anneure-9.
ii) To direct the Opp.Parties to appoint the Petitioner as per
OCS (Rehabilitation Assistance) Rules 1990 read with
Amendment Rue, 2016.
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 be deemed fit
and proper."
4. On perusal of the record, it appears that the earlier Writ
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Petition was disposed of by order dated 03.08.2021. However, the
said order dated 03.08.2021 on being challenged by filing Writ
Appeal before a Division Bench of this Court. The Hon'ble Division
Bench vide order dated 09.03.2023 passed in W.A.No.716 of 2022
while setting aside the order dated 03.08.2021 has been pleased to
remand the matter to this bench to consider the matter afresh.
5. Learned counsel for the Petitioner submitted that the case of
the Petitioner is covered by a judgment of this Court deliver in
W.P.(C) No.11105 of 2021 disposed of on 13.01.2023 in the matter
of Roshan Kerketta V.State of Odisha and others. He further
submitted that the matter may be remanded to the Opposite Parties to
consider the case of the Petitioner afresh keeping in view he
judgment of Roshan Kerketta (supra) and in the event the authority
comes to a conclusion that in fact he case of the Petitioner is similar
to the case of Roshan Kerketta, then keeping in view the law laid
down in the W.P.(C) No.11105 of 2021 the case of the Petitioner be
also considered.
6. Learned Additional Standing Counsel appearing on behalf of
the State-Opposite Parties, on the other hand submitted that in the
event this Court remands the matter to the Opposite Parties to
consider the case of the Petitioner afresh in the light of the judgment
delivered in the case of Roshan Kerketta (supra), then necessary
direction be given to Opposite Party No.2 to first consider the case of
the Petitioner and to find out as to whether the case of the Petitioner
is identical to the case of Roshan Kerketta (Supra).
7. In the event the Opposite Party No.2 comes to a conclusion
that that Petitioner stands in similar footing in the aforesaid case like
Roshan Kerketta (supra). He has no objection in the event the relief
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granted in Roshan Kerketta (supra) is granted to the Petitioner within
a stipulated period of time.
8. Considering the submissions made by the leaned counsel for
the respective parties and on careful examination of the background
facts of the case, this Court deems it proper to set aside the impugned
order dated 19.03.2021 under Annexure-9 to the Writ Petition and
further the matter is remanded back to Opposite Party No.2 to
consider the matter afresh taking into consideration the judgment
delivered in Roshan Kerketta (supra) and pass a reasoned and
speaking order within a period of two months from the date of
production of certified copy of this order. The Petitioner is directed to
approach the Opposite Party no.2 within two weeks from today with
certified copy of this order along with copy of the order passed in
Roshan Kerketta (supra). The Opposite Party No.2 shall do well to
consider the case of the Petitioner as has been directed herein before
and dispose of the same by passing a reasoned and speaking order.
The decision so taken be communicated to the Petitioner within a
period of two weeks.
9. With the aforesaid observation/direction, the Writ Petition
stands disposed of.
10. Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra)
Judge
RKS
Signature Not Verified
Digitally Signed
Signed by: RAMESH KUMAR SINGH
Designation: Ex-A.R.-cum-Sr. Secretary
Reason: Authentication
Location: High Court of Orissa
Date: 25-Jul-2023 19:05:58
