Sunita Routray vs State Of Odisha & Ors. .... Opposite ...
2024 Latest Caselaw 379 Ori

Orissa High Court

Sunita Routray vs State Of Odisha & Ors. .... Opposite ... on 8 January, 2024

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                             W.P.(C) No.20910 of 2022

         Sunita Routray                        ....                Petitioner
                                                         Mr. J.R. Behera, Advocate

                                             -versus-

         State of Odisha & Ors.                ....               Opposite Parties
                                                                Mr. H.M. Dhal, AGA


                              CORAM:
                 JUSTICE BIRAJA PRASANNA SATAPATHY

                                        ORDER

08.01.2024 Order No

04. I.A. No. 126 of 2024

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

2. Heard Mr. J.R. Behera, learned counsel for the Petitioner and Mr. H.M. Dhal, learned Addl. Govt. Advocate appearing for the Opp. Parties.

3. Considering the grounds taken, the prayer for amendment is allowed.

4. Consolidated copy of the writ petition filed in Court is accepted and Office is directed to place the same in appropriate place.

5. I.A. is disposed of.

(Biraja Prasanna Satapathy) Judge P.T.O. // 2 //

1. Heard Mr. J.R. Behera, learned counsel for the Petitioner and Mr. H.M. Dhal, learned Addl. Govt. Advocate appearing for the Opp. Parties.

2. The Petitioner has filed the present writ petition challenging the rejection of his claim to get the benefit of appointment under the provisions of Rehabilitation Assistance Scheme by the Opp. Party No. 3 vide his communication dtd.06.09.2022 under Annexure-8.

3. Learned counsel for the Petitioner contended that the ground on which the claim of the Petitioner was rejected is no more res integra in view of the Judgment passed by this Court on 25.09.20223 in Writ Appeal No. 810 of 2021 and batch. It is accordingly contended that the matter be remitted to Opp. Party No. 3 to take a fresh decision in the light of the Judgment so referred hereinabove.

4. Mr. H.M. Dhal, learned Addl. Govt. Advocate does not dispute the submissions made by the learned counsel appearing for the Petitioner.

5. Considering the submission made, this Court is inclined to quash the communication dtd.06.09.2022 under Annexure-8 so issued by Opp. Party No. 3. While quashing the same, this Court remits the matter to Opp. Party No. 3 to take a fresh decision on the Petitioner's claim in accordance with law within a period of two (2) months and by following the decision of this Court passed on 25.09.2023 in Writ Appeal No. 810 of 2021 and batch. Petitioner is directed to provide a copy of this order along with the Judgment

// 3 //

passed in Writ Appeal No.810 of 2021 before Opp. Party No. 3 within a period of 10 (ten) days from the date of receipt of this order for compliance.

6. The writ petition is disposed of accordingly.

(Biraja Prasanna Satapathy) Judge Sneha

Location: High Court of Orissa, Cuttack