Aswani Kumar Jena vs State Of Odisha And Others
2023 Latest Caselaw 12385 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                W.P.(C) No.32747 of 2023

                 Aswani Kumar Jena                      ....            Petitioner
                                               Mr. Subhadutta Routray, Advocate

                                              -versus-

                 State of Odisha and others               ....         Opp. Parties
                                                         Mr. Iswar Mohanty, A.S.C.


                                      CORAM:
                              JUSTICE A.K. MOHAPATRA
                                        ORDER

Order No.                              11.10.2023
    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 Standing Counsel appearing for the State- Opposite Parties. Perused the writ petition as well as the documents annexed thereto.

3. The present writ petition has been filed by the Petitioner with a prayer to quash the letter/order dated 31.12.2020 passed by the Opposite Party No.4 under Annexure-8 with a further prayer to direct the Opposite Party No.3 to appoint him in Group 'C' Junior Clerk as per his qualification under the Rehabilitation Assistance Scheme.

4. It is submitted by learned counsel for the Petitioner that the father of the Petitioner, namely, Late Sunanda Jena, who was working as Khalasi in the office of the Executive Engineer, Jajpur Irrigation Division, died in harness on 08.01.2017. Thereafter, the Petitioner being the legal heir of his deceased father submitted an // 2 //

application through prescribed format along with relevant documents for appointment under the Rehabilitation Assistance Scheme within stipulated time before the authority concerned. 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/order dated 31.12.2020 under Annexure-8. In this context, learned counsel for the Petitioner relies upon the judgments rendered by the Hon'ble Supreme Court in Malaya Nanda Sethy vrs. State of Orissa and others, reported in 2022(II) OLR(SC)-1 and State of West Bengal -v.- Debabrata Tiwri, reported in 2023 (3) SCALE-557 as well as the judgments by a Division Bench of this Court in Suchitra Bal v. State of Odisha & Ors (W.P.(C) No.2081 of 2021 decided on 16.03.2023) and in Bindusagar Samantaray v. State of Odisha & Ors. (W.A. No.810 of 2021 decided on 25.09.2023). Relying the aforesaid judgments, learned counsel for the Petitioner submits that the application of the Petitioner 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- Opposite Parties, 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 learned counsels appearing for the respective parties, this Court deems it proper to // 3 //

dispose of the application at the stage of admission by setting aside the impugned order dated 31.12.2020 passed by the Opposite Party No.4 under Annexure-8 and further remand the matter back to the authority to consider the application of the Petitioner afresh in the light of the law laid down by the Hon'ble Supreme Court in Malaya Nanda Sethy's case (supra), Debabrata Tiwari's case (supra), Suchitra Bal's case and Bindusagar Samantaray's case (supra) and the Petitioner is directed to approach the Opposite Party No.3 along with certified copy of this order within a period of three weeks from today. On appearance of the Petitioner, Opposite Party No.3 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: Secretary Reason: Authentication Location: OHC CUTTACK Date: 17-Oct-2023 17:28:36