Manwar Alli Khan vs State Of Odisha And Others
2023 Latest Caselaw 6568 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                W.P.(C) No.16167 of 2023

                 Manwar Alli Khan                     ....            Petitioner
                                                  Mr. B.S. Rayaguru, Advocate
                                            -versus-
                 State of Odisha and others           ....         Opp. Parties
                                                         Mr. Saswat Das, AGA

                                     CORAM:
                            JUSTICE A.K. MOHAPATRA
                                        ORDER

Order No.                              19.04.2023
    01.     1.      This matter is taken up through Hybrid Arrangement
            (Virtual /Physical Mode).

2. Heard learned counsel appearing for the Petitioner as well as learned Additional Government Advocate appearing for the State-Opposite Parties. Perused the writ petition and the documents annexed thereto.

3. The present writ petition has been filed by the Petitioner with a prayer to quash the letter/order dated 23.03.2022 passed by the Opposite Party No.4-C.D.V.O., Sambalpur under Annexure-6 with a further prayer to direct the Opposite Parties to appoint him under the Rehabilitation Assistance Scheme.

4. It is submitted by learned counsel for the Petitioner that the father of the Petitioner, namely, Mansur Alli Khan, who was working as a Field Man Demonstrator (FMD) under Opposite Party No.4-Chief District Veterinary Officer, Sambalpur, died in harness on 08.08.2009. Thereafter, the Petitioner being the minor legal heir of his deceased father, on attaining the age of // 2 //

majority on 26.05.2015 submitted an application through prescribed formant along with relevant documents before the Opposite Party No.4 for appointment to the post of Class-III under Rehabilitation Assistant Scheme. Further, it is submitted by learned counsel for the Petitioner that the application of the Petitioner has been rejected by the authorities by the impugned letter dated 23.03.2022 under Annexure-6. 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 and State of West Bengal- v.-Debabrata Tiwri passed in Civil Appeal No.8842 of 2022 decided on 3rd of March, 2023 reported in (2023 (3) SCALE-557. Relying the aforesaid judgments, learned counsel for the Petitioner submits that the application of the petitioners needs to be considered in the light of the judgment rendered by the Hon'ble Supreme Court.

5. Learned Additional Standing Counsel appearing for the State, on the other hand, submits that during the pendency of the application submitted by the Petitioner for appointment on compassionate ground, a new rule was enacted in the year 2020. Therefore, the authorities, by referring to the new rules, have rejected the application of the Petitioner. He further submits that he has no objection, if a direction is given to the authorities to consider the grievance petition of the Petitioner in accordance with law within a stipulated period of time.

6. Considering the submissions made by the respective parties, this Court deems it proper to dispose of the application at the stage of admission by setting aside the impugned order dated 23.03.2022 of Opposite Party No.4 under Annexure-6 and further remand the matter back to the Opposite Party No.4-Chief District Veterinary // 3 //

Officer, Sambalpur to consider the application of the Petitioner afresh in the light of the law laid down of the Hon'ble Supreme Court in the case of Malaya Nanda Sethy (supra) and Debabrata Tiwari (supra) and the Petitioner is directed to approach the Opposite Party No.4 along with certified copy of this order within a period of three weeks from today. On appearance of the Petitioner, Opposite party No.4 shall do well to consider the case of the Petitioner and dispose of the matter by passing a speaking and reasoned order in accordance with law within a period of two months from the date of receipt of certified copy of this order. Any decision so taken on the same shall be communicated to the Petitioner within a period of ten days thereafter.

7. With the aforesaid observation/direction, the writ petition is disposed of.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra) Judge Debasis

Signature Not Verified Digitally Signed Signed by: DEBASIS AECH Designation: PA Reason: Authentication Location: OHC CUTTACK Date: 21-May-2023 18:08:19