Chandra Sekhar Majhi vs State Of Odisha And Others
2023 Latest Caselaw 14608 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                         W.P.(C) No.36888 of 2023


        Chandra Sekhar Majhi                  ....                       Petitioner
                                                            Mr. R. Samal, Advocate

                                  -versus-
        State of Odisha and Others ....                             Opposite Parties
                                                        Mr. M.K. Balabantaray, AGA
                            CORAM:
                 JUSTICE BIRAJA PRASANNA SATAPATHY
                                           ORDER

Order No. 14.11.2023

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 the present Writ Petition with the following prayer: -

<It is therefore humbly prayed that that Hon'ble Court may graciously be pleased to:-

(i) Admit this writ petition.

(ii) Call for the records.

(iii) Issue rule Nisi calling upon the Opp. Parties to show cause as to why the compassionate appointment shall not be provided to the petitioner under Orissa Civil Service (Rehabilitation Assistance Scheme) Rules, 1990 & amended Rules, 2016,

(iv) Failing to show cause or showing insufficient cause/no cause, issue the writ of mandamus directing the Opp. Parties to provide the compassionate appointment considering his case as per the Rule prevailing as on the date of death of petitioner's father in the light of the judgment of the Hon'ble Supreme Court in // 2 //

Department of Education (Primary) & Ors., - Versus- Bheemesh Alias Bheemappa (Civil Appeal No.7752 of 2021), Appeal No.7752 of 2021), State of Madhya Pradesh & Others, Amit Shrivas (Civil Appeal No.8564 of 2015) & Malayananda Sethy -Vrs- State of Orissa and Others (Civil Appeal No.4103 of 2022).=

4. Learned counsel for the Petitioner submits that through highlighting his grievances, the petitioner has filed a representation vide Annexure-2 to the Writ Petition, but till date nothing has been done in the matter. In such background, he prays that a direction be issued to opposite party No.4 to take a decision on the above noted petition within a specific time period.

5. Considering the submissions made and without expressing any opinion on the merits of the case, this Court directs opposite party No.4 to take a decision on the above noted petition in accordance with law, within a period of two months from the date of production of certified copy of this order and communicate the result of such exercise to the petitioner.

6. The Writ Petition is disposed of accordingly.

(Biraja Prasanna Satapathy) Judge

Basudev

Signature Not Verified Digitally Signed Signed by: BASUDEV SWAIN Designation: Senior Stenographer Reason: Authentication of order Location: High Court of Orissa, Cuttack Date: 15-Nov-2023 16:13:42