Dambarudhar Mohanta vs State Of Odisha And
2024 Latest Caselaw 3937 Ori

Orissa High Court

Dambarudhar Mohanta vs State Of Odisha And on 1 March, 2024

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

          IN THE HIGH COURT OF ORISSA AT CUTTACK

                         W.P.(C) No.4555 of 2024

        Dambarudhar Mohanta                  ....                      Petitioner
                                                          Mr. G. Sethi, Advocate

                                          -versus-
        State of Odisha and
        Others                               ....                Opposite Parties
                                                          Mr. B.P. Tripathy, AGA

                           CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY

                                            ORDER

01.03.2024 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: -

"It is therefore prayed that this Hon'ble Court may graciously be pleased to admit this writ petition and issue writ of mandamus by directing the Opp. Parties, more particularly to the Opp. Party No.3 i.e. the District Education Officer, Mayurbhanj to give compassionate appointment to the petitioner under the Rehabilitation Assistance Scheme as per Rules, 1990 keeping in view of the judgment/decision of the Hon'ble Apex Court in the case of Malaya Nanda Sethy -vrs- State of Odisha and others, reported in 2022 (II) OLR (SC)-1 (under Annexure-8) and considering the petitioner's representation dtd.23.06.2023 (under Annexure-9) within a stipulated period for the greater interest of justice."

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4. Learned counsel for the Petitioner contended that the application for appointment of the petitioner under the provisions of Rehabilitation Assistance Scheme is pending before Opp. Party No.3 under Annexure-5 series to the Writ Petition, but till date nothing has been done in the matter.

5. Considering the submissions made and without expressing any opinion on the merits of the case, this Court directs opposite party No.3 to take a decision on the above application for appointment of the petitioner under the provisions of Rehabilitation Assistance Scheme in accordance with law, within a period of three months from the date of production of certified copy of this order and communicate the result of such exercise to the petitioner.

6. The Writ Petition is disposed of accordingly.

(Biraja Prasanna Satapathy) Judge

Basudev

Reason: Authentication of order Location: High Court of Orissa, Cuttack Date: 01-Mar-2024 17:50:03