Siddhant Kumar vs State Of Odisha And
2023 Latest Caselaw 11100 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                               W.P.(C). No. 29593 of 2023

            Siddhant Kumar                ....                       Petitioner
            Pradhan
                                                               Mr. T.Nanda,
                                                                   Advocate
                                           -Versus -
            State of Odisha and             ....              Opposite Parties
            Others
                                                 Additional Standing Counsel


                        CORAM:
                          JUSTICE SASHIKANTA MISHRA

ORDER_ 11.09.2023

Order No. 1. This matter is taken up through hybrid mode.

01. 2. Heard learned counsel for the petitioner and learned Additional Standing counsel for the State.

3. The petitioner's original application for appointment under the Rehabilitation Assistance Scheme was rejected for which he approached this Court in W.P.(C). No. 24097 of 2021. The order of rejection was set aside vide order dated 16.08.2021 and the concerned authority was directed to consider the case of the petitioner afresh as per the Odisha Civil Services (R.A. Scheme), 1990. The petitioner was appointed under Rehabilitation Assistance Scheme as per order dated 29.09.2021 passed by the R.D.C. (Northern Division), Sambalpur. Pursuant to such order he joined on 01.10.2021 and is continuing in the post of Peon on contractual basis since then. By letter dated 15.05.2023, the Government in Law Department informed the office of the learned Advocate General, Odisha that the Government have decided to file writ appeal before this Court against the judgment dated 16.08.2021 passed in the

aforementioned writ application. Further, by a communication dated 25.08.2023, the concerned Administrative Department (Revenue and Disaster Management) informed the Secretary to the RDC, (Northern Division), Sambalpur about the decision of the Law Department to file Writ Appeal against the judgment passed in the aforementioned Writ Application and also requesting for withdrawal of the order of appointment issued in favour of the petitioner.

4. It is stated that at the bar that the proposed writ appeal has not been filed as yet. After hearing learned counsel for the parties, this Court is of the view that while it is open to the Government to challenge the judgment passed by the Single Judge before the Division Bench by filing writ appeal but the decision to prefer writ appeal, per se, does not imply cancellation of the order of appointment already issued in favour of the petitioner. If a writ appeal is actually filed, the appointment of the petitioner becomes automatically subject to the final result thereof but under no circumstances, the order of appointment issued in favour of the petitioner can be withdrawn/cancelled prior to filing of the writ appeal as the same would run contrary to the spirit of the judgment passed by the Single Bench in the above mentioned writ application.

5. In such view of the matter, the writ application is disposed of by restraining the opposite party authorities from issuing any order of cancellation/withdrawal of the appointment given to the petitioner prior to filing of writ appeal. In case any writ appeal is actually filed the matter relating to appointment of the petitioner shall abide by any orders that may be passed in the Writ Appeal including the final order.

6. The writ application is disposed of accordingly.

Signature Not Verified
Digitally Signed
Signed by: DEEPAK PARIDA                                                       (Sashikanta Mishra)
Reason: Authentication
Location: OHC, Cuttack                                                               Judge
Date: 12-Sep-2023 19:49:47


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