Ranjan Kumar Gomango vs State Of Odisha & Ors
2023 Latest Caselaw 14142 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                           W.P.(C) No. 36397 of 2023

        Ranjan Kumar Gomango                 ....              Petitioner
                                                       Mr. S.P. Das, Advocate

                                           -versus-

        State of Odisha & Ors.               ....             Opposite Parties
                                                           Mr. S.K. Samal, AGA

                                CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY

                                       ORDER

10.11.2023 Order No

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

2. Heard Mr. S.P. Das, learned counsel for the Petitioner and Mr. S.K. Samal, learned Addl. Govt. Advocate appearing for the State.

3. Petitioner has filed the present Writ Petition challenging the rejection of his claim for appointment under the provisions of Rehabilitation Assistance Scheme by the Opposite Party No.1 vide order dated 29.08.2023 under Annexure-6.

4. Mr. S.P. Das, learned counsel for the petitioner contended that the case of the Petitioner is covered by the judgment of the Hon'ble 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. S.K. Samal, learned Addl. Govt. Advocate does not dispute the said position.

6. In the above view of the matter, this Court while disposing the Writ Petition quash the order dtd.29.08.2023 under Annexure-6 and directs O.P. No. 2 to take a decision on the request made by the D.E.O., Gajapati vide his letter dtd.05.11.2022 under Annexure-5 within a period of 2 (two) months from the date of receipt of this order by following the decision in the case of Malayananda Sethi as cited Supra.

7. The Writ Petition is disposed of accordingly.

(Biraja Prasanna Satapathy) Judge Sneha

Signature Not Verified Digitally Signed Signed by: SNEHANJALI PARIDA Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 14-Nov-2023 19:29:06