Dusasan Bhoi vs State Of Odisha And Others
2023 Latest Caselaw 12843 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK
                        W.P.(C) No.33503 of 2023

      Dusasan Bhoi                      ....                    Petitioner
                                             Mr. B. Mohapatra, 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 learned counsel for the parties.

3. The Petitioner has filed the present Writ Petition with the following prayer: -

<Therefore, the petitioner humbly prays that this Hon'ble Court may graciously be pleased to issue Rule NISI calling upon the Opp. Party more particularly to the Opp. Party No.1 to show cause as to why the decision/rejection order No.HE-FE-VI-MISC-314/2015 20760 dtd.27.07.2016 (under Annexure-5) passed by Joint Secretary to the Government shall not be quashed.

And as to why the petitioner shall not be given appointment under Orissa Civil Service (Rehabilitation Assistance Scheme) Rules in the ratio of the Hon'ble Apex Court's judgment passed in case of Malaya Nanda Sethy Vrs. State of Odisha and others, reported in 2022 (II) OLR (SC)-1 (under Annexure-6) along with the Prem Sagar Nayak Judgment dated 21.08.2017, // 2 //

W.P.(C) No.18981/2016, (under Annexure- 7 Series).=

4. However, taking into account the claim raised in the present Writ Petition, liberty is granted to the Petitioner to make a detailed representation before Opp. Party No.1 by enclosing all the relevant documents and citations in support of his claim, if any, within a period three weeks hence.

5. It is observed that if such a representation is filed within the aforesaid period, Opp. Party No.1 shall do well to take a lawful decision on the same within a period of three months from the date of receipt of such representation. The order so passed by the Opp. Party No.1 be communicated to the petitioner.

6. With the aforesaid observation and direction, 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 13:53:29