Ratikanta Mohanty vs State Of Odisha And
2023 Latest Caselaw 5953 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK
                        W.P.(C) No.14878 of 2023
        Ratikanta Mohanty                   ....                    Petitioner
                                                   Mr. R.N. Parija, Advocate

                                        -versus-
        State of Odisha and
        Others                              ....          Opposite Parties
                                            Mr. Baibaswata Panigrahi, ASC


                           CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY

                                          ORDER

15.05.2023 Order No.

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

2. Heard learned counsel for the parties.

3. The petitioner has filed this writ petition seeking to quash the order dated 03.02.2023 under Annexure-1 and issue direction to the opposite parties to appoint him under the Rehabilitation Assistance Scheme, as per OCS (RA) Rules, 1990 and to grant all consequential service and financial benefits within a stipulated time.

4. Mr. R.N. Parija, 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, Civil Appeal No.4103 of 2022 disposed of on 20.05.2022. Therefore, this writ petition may be disposed of in the light of the aforesaid // 2 //

order, to which learned State Counsel has raised no objection.

5. In the above view of the matter, the order dated 03.02.2023 passed by the authority under Annexure-1 is hereby quashed. The opposite parties are directed to consider the case of the petitioner in the light of the judgment passed by this Apex Court in the case of Malaya Nanda Sethy (supra) and pass appropriate order in accordance with law within a period of three months from the date of production of certified copy of this order.

Issue urgent certified copy as per rules.

(Biraja Prasanna Satapathy) Judge

Basudev

Digitally Signed Signed by: BASUDEV SWAIN Designation: Jr. Stenographer Reason: Authentication of order Location: High Court of Orissa, Cuttack Date: 18-May-2023 19:37:35