Suryanarayan Behera vs State Of Odisha And Others
2023 Latest Caselaw 12002 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                W.P.(C). No.25576 of 2023

                 Suryanarayan Behera                       ....             Petitioner

                                                         Mr. A.K. Chhatoi, Advocate
                                              -versus-
                 State of Odisha and others                ....      Opposite Parties

                                                                Mr. P.C. Das, A.S.C.
                                        CORAM:

                            JUSTICE A.K. MOHAPATRA

                                            ORDER

Order No.                                  05.10.2023

                                     I.A. No.14541 of 2023
    02.     1.      This matter is taken up through Hybrid Arrangement (Virtual
            /Physical Mode).

2. This interlocutory application has been filed by the petitioner seeking modification of the order dated 10.08.2023 passed by this Court in the aforesaid writ petition.

3. Learned counsel for the petitioner submitted that while typing out the order dated 10.08.2023 inadvertently some mistakes have been crept in the order.

4. Considering such submission, the order dated 10.08.2023 is hereby recalled and the following orders is passed:-

W.P.(C) No.25576 of 2023

5. Heard learned counsel for the petitioner as well as learned counsel for the State. Perused the writ application as well as // 2 //

documents annexed thereto.

6. The present writ petition has been filed by the petitioner with the following prayers:

"In view of the facts stated above the Petitioner prays that this Hon'ble Court may graciously be pleased to issue a writ in the nature of writ of mandamus or any other appropriate writ/writs, direction/ directions, order/orders, issue appropriate order by quashing the letter bearing No.3967 dated 05.04.2023 issued by Opp. Party No.3 and letter bearing No.778 dated 06.04.2023 issued by Opp. Party No.4 under annexure-13 series with respect to rejection of the claim of the petitioner for appointment under Rehabilitation Assistance Scheme.

And direct the Opp. Parties to give appointment to the petitioner against Group D vacant post under the rehabilitation assistance scheme on the basis of the acceptance/recommendation of the evaluation committee dtd. 26.06.2019 under Annexure-7 in terms of Odisha Civil Service (Rehabilitation Assistance) Rules, 1990 as amended vide G.A. Department notification No.23345/Gen, dated 05.11.2016 under annexure-6.

And further be pleased to issue/pass any other order/orders as the Hon'ble Court deems fit and proper."

7. At the outset, it is submitted by learned counsel for the petitioner that the petitioner had earlier approached this Court by filing a writ petition bearing W.P.(C) No.37031 of 2022 with a prayer for a direction to the Opposite Parties to consider the case of the petitioner under OCS(R.A.) Rules, 1990 as amended in the year 2016, this Court after hearing learned counsel for the petitioner disposed of the writ application vide order dated 03.01.2023 and the matter is remanded to the authority to consider the case of the petitioner afresh in the light of the law laid down in Malaya Nanda // 3 //

Sethy vrs. State of Orissa and others, reported in 2022(II) OLR(SC)-1 as well as other judgments of the Hon'ble Supreme Court after setting aside the rejection order dated 16.12.2022. He further contended that again after disposal of the writ application, the case of the petitioner again reconsider by the Opposite Party No.4 and the same was rejected vide order dated 05.04.2023 under Annexure-13 series.

8. On perusal of the impugned rejection order, it appears that the Director, Horticulture, Odisha, Bhubaneswar-Opposite Party No.3 has instructed the Assistant Director, Horticulture, Khordha to reject the application of the petitioner in the light of the law laid down in the case of N.C. Santosh vrs. State of Karnataka and others : Civil Appeal Nos.9280-9281 of 2014 as well as the Rules in the year 2020. The order dated 05.04.2023 has been passed in violation of the direction given by this Court in the earlier round of litigation.

9. Learned Additional Standing Counsel for the State submitted that the matter should be remanded for fresh consideration by the Opposite Parties in terms of the order passed by this Court.

10. In such view of the matter, this Court deems it proper to quash the order dated 05.04.2023 under Annexure-13 series and the consequential order dated 06.04.2023. Accordingly, the case is remanded back to the Assistant Director, Horticulture, Khordha- Opposite Party No.4 to consider the case of the petitioner afresh in the light of the order passed by this Court in W.P.(C) No.37031 of 2022 dated 03.01.2023 as well as keeping in view the decision of the committee held on 26.06.2019 under Annexure-7 to the writ application. The said Opposite Party No.4 shall do well to consider the case of the Petitioner in the light of the aforesaid observation and // 4 //

dispose of the writ application of the petitioner within a period of six weeks from today. Decision so taken be communicated to the petitioner within two weeks after.

11. With the aforesaid observation/direction, the writ petition stands 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: Secretary Reason: Authentication Location: OHC CUTTACK Date: 10-Oct-2023 19:41:06