Swarup Kumar Ray vs State Of Odisha And
2023 Latest Caselaw 6912 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK

                        W.P.(C) No.17580 of 2023

        Swarup Kumar Ray
        Mohapatra                            ....                  Petitioner
                                                    Mr. R.K. Bisoi, Advocate
                                       -versus-
        State of Odisha and
        Others                               ....          Opposite Parties
                                                    Mr. D.K. Mohanty, AGA
                           CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY

                                        ORDER

Order No.                             08.06.2023
      01. 1.     This   matter      is taken up        through       Hybrid

Arrangement (Virtual/Physical) Mode.

2. Heard learned counsel for the parties.

3. Petitioner has filed the present Writ Petition challenging the called for fresh application under R.A. Rule-2020 of his claim for appointment under the provisions of Rehabilitation Assistance Scheme by the Opposite Party No.2 vide order dated 28.11.2022 under Annexure-5.

4. Mr. R.K. Bisoi, 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 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. D.K. Mohanty, learned Addl. Govt. Advocate 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-5 in respect of the petitioner 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 (Vacation Judge)

Basudev

Digitally Signed Signed by: BASUDEV SWAIN Designation: Jr. Stenographer Reason: Authentication of order Location: High Court of Orissa, Cuttack Date: 09-Jun-2023 12:36:04