Bholanath Sethi vs State Of Odisha And
2023 Latest Caselaw 12030 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK

                    W.P.(C) (OAC) No.3031 of 2018

        Bholanath Sethi                      ....                   Petitioner
                                                      Mr. B. Pujari, Advocate

                                         -versus-
        State of Odisha and                 ....             Opposite Parties
        Another
                                                     Mr. H.K. Panigrahi, ASC
                           CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY

                                           ORDER

05.10.2023 Order No.

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

2. Heard learned counsel for the parties.

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.2 vide order dated 30.08.2016 under Annexure-11.

4. Mr. B. Pujari, 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 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. H.K. Panigrahi, learned Addl. Standing Counsel for the State does not dispute the position.

6. In the above view of the matter, this Court while disposing the Writ Petition quash the order at Annexure-11 and directs O.P. No.2 for reconsideration of the claim of the petitioner in the light of the decision in the case of Malayananda Sethy (supra) and pass appropriate order in accordance with law within a period of 2 (two) months from the date of receipt of this order.

7. The Writ Petition is disposed of accordingly.

(Biraja Prasanna Satapathy) Judge

Subrat

Signature Not Verified Digitally Signed Signed by: SUBRAT KUMAR BARIK Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 06-Oct-2023 15:06:36