Sri Ashok Kumar Sethi vs State Of Odisha And Others
2023 Latest Caselaw 12768 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 W.P.(C) No. 32340 of 2023

            Sri Ashok Kumar Sethi                          ....               Petitioner
                                                  Mr. Prajit Kumar Pradhan, Advocate

                                              -versus-

            State of Odisha and others                     ....        Opposite Parties
                                                                  Mr. P.K. Muduli, A.G.A.



                         CORAM:
                         JUSTICE A.K.MOHAPATRA

                                         ORDER

Order No.                               16.10.2023
   01.      1.         This matter is taken up through Hybrid Arrangement
            (Virtual/Physical Mode).

2. Heard learned counsel for the Petitioner and learned Additional Government Advocate appearing for the State-Opposite Parties. Perused the writ petition as well as the documents annexed thereto.

3. The Petitioner has filed the present writ petition with the following prayer:-

"In the facts and circumstances stated above, the humble Petitioner respectfully prays that, this Hon'ble Court may graciously be pleased to:-

(i) Admit the writ application;

(ii) Quash the impugned orders dated 12.06.2023, annexure-12;

(iii) Direct the Opp. Parties to appoint the petitioner in any suitable post under rehabilitation assistance Rule, 1990 with immediate effect.

(iv) And/or pass any such other or further writ(s)/order(s)/direction(s) which give complete relief to the Petitioner."

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4. It is submitted by the learned counsel for the Petitioner that earlier the Petitioner had approached this Court by filing W.P.(C) No.16763 of 2023, which was disposed of on 19.05.2023 with a specific direction to the Opposite Party No.2 to consider the case of the Petitioner in the light of the judgment of the Hon'ble Supreme Court in Malaya Nanda Sethy v. 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. After disposal of the writ petition, the Petitioner has approached the Opposite Party No.2, but the Opposite Party No.2 vide order dated 12.06.2023 under Annexure-12 has rejected the representation of the Petitioner by referring to the judgment of the Hon'ble Supreme Court in N.C. Santosh v. State of Karnataka. However, they are not considered the case of the Petitioner in the light of the order passed by this Court by taking into consideration the judgments referred in the earlier order passed by this Court.

5. Learned Additional Government Advocate appearing for the State-Opposite Parties, on the other hand, contended that the Opposite Parties after considering the representation of the Petitioner have rejected the same. Therefore, the present writ petition does not call for any interference by this Court.

6. Considering the submissions made by the learned counsels appearing for the respective parties and after examination of the impugned order, this Court observes that while rejecting the representation of the Petitioner vide order dated 12.06.2023 under Annexure-2, the Opposite Parties have not taken into consideration the judgments referred to by this Court in the earlier writ petition. In such view of the matter, this Court is of the consider view that the

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rejection order is not in terms of the direction given passed by this Court.

7. Accordingly, the impugned order dated 12.06.2023 under Annexure-12 is unsustainable in law. Hence, the same is hereby by set aside. Further, the matter is remanded back to the Opposite Party No.2 to reconsider the matter strictly in terms of the order dated 19.05.2023 passed by this Court in W.P.(C) No.16763 of 2023 and take a decision within a period of six weeks from the date of communication of a certified copy of this order. The final decision so taken be communicated to the Petitioner within two weeks thereafter.

8. With the aforesaid observation and direction, the writ petition is disposed of.

(A.K. Mohapatra) Judge Debasis

Signature Not Verified Digitally Signed Signed by: DEBASIS AECH Designation: Secretary Reason: Authentication Location: OHC CUTTACK Date: 19-Oct-2023 19:54:00