Puspanjali Hota vs State Of Odisha And
2023 Latest Caselaw 12836 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK
                        W.P.(C) No.33977 of 2023

        Puspanjali Hota                  ....                    Petitioner
                                                 Mr. P.K. Panda, Advocate


                                      -versus-
        State of Odisha and
        Others                           ....             Opposite Parties
                                                           State Counsel


                           CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY
                                        ORDER

17.10.2023 Order No.

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

2. Heard Mr. P.K. Panda, learned counsel for the Petitioner and Mr. B. Panigrahi, learned Addl. Standing Counsel for the State.

3. Petitioner has filed the present Writ Petition inter alia challenging office order dated 27.04.2023, so issued by the Opp. Party No.2 under Annexure-6, wherein the claim of the petitioner for his appointment under the provisions of Rehabilitation Assistance Scheme has been rejected.

4. It is contended that even though the petitioner's husband died on 18.07.2013 and the petitioner made the application prior to commencement of the OCS(RA) // 2 //

Amendment Rules, 2020, but relying on the said rules, the claim of the petitioner has been rejected.

4.1. Learned counsel for the petitioner further contended that benefit of appointment under the provisions of Rehabilitation Assistance Scheme in favour of the legal heirs of the deceased employees coming under the Block Grant Scheme is no more res integra in view of the decision of this Court passed in W.A. No.810 of 2021. In view of such decision, the claim of the petitioner is required to be considered in the light of the judgment so passed on 25.09.2023 in W.A. No.810 of 2021.

5. Mr. B. Panigrahi, learned Addl. Standing Counsel does not dispute the submissions made by learned counsel for the petitioner.

6. Considering the fact that the W.A. No.810 of 2021, which was filed by the State against the applicability of the provisions of Rehabilitation Assistance Scheme to the employees belonging to Block Grant Institutions has been decided in the affirmative vide judgment dated 25.09.2023 and the decision of the Hon'ble Apex Court in the case of Malaya Nanda Sethy v. State of Orissa, Civil Appeal No. 4103 of 2022, this Court is inclined to quash the office order dated 27.04.2023 under Annexure-

6. While quashing the same, this Court remits the matter to Opposite Party No.1 to take a fresh decision in the light of the judgment passed by this Court on 25.09.2023 in

// 3 //

W.A. No.810 of 2021 and by the Hon'ble Apex Court in the case of Malaya Nanda Sethy (supra). Such a fresh decision be taken, within a period of 3 (three) months from the date of receipt of this order with due communication to the petitioner.

7. With the aforesaid direction and observation, the Writ Petition is disposed of.

(Biraja Prasanna Satapathy) Judge

Basudev

Signature Not Verified Digitally Signed Signed by: BASUDEV SWAIN Reason: Authentication of order Location: High Court of Orissa, Cuttack Date: 20-Oct-2023 13:53:30