Gayatri Mishra vs State Of Odisha & Others Opp. Parties
2024 Latest Caselaw 16885 Ori

Orissa High Court

Gayatri Mishra vs State Of Odisha & Others Opp. Parties on 20 November, 2024

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

               IN THE HIGH COURT OF ORISSA AT CUTTACK
                         WP(C ) No.7405 of 2021

        Gayatri Mishra                                        Petitioner
                                       ....               Mr. L. Sahu, Adv.

                                        -versus-
        State of Odisha & Others                              Opp. Parties
                                       ....               Mr. C.K. Pradhan, AGA
                                                        Mr. D.K. Sahu, Adv.
                                                        (for O.P. No.5)


                            CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY

                                    ORDER

20.11.2024 Order No.

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

2. Heard learned counsel appearing for the parties.

3. The present Writ Petition has been filed inter alia challenging the order rejection of the Petitioner's claim to get the benefit of appointment under Rehabilitation Assistance Scheme taking into account the amended provisions of OCS (RA) Rules, 2020.

4. Learned counsel appearing for the Petitioner contended that the issue in question has already been decided by this Court in the case of State of Orissa Vs. Bindusagar Samantaray, WA No.810 of 2021, disposed of on 25.09.2023 and so also the judgment passed by this Court in the case of Suchitra Bal Vs. State of Odisha, W.P(C ) No.2081 of 2021, disposed of on 27.06.2023 It is accordingly contended that in view of the decisions rendered in the case of Bindusagar Samantaray & Suchitra Bal, the ground on which the claim of the Petitioner has been rejected vide the impugned order dt.19.11.2020 under Annexure-5 is no more sustainable.

4. Learned Addl. Govt. Advocate does not dispute the contention raised by the learned counsel appearing for the Petitioner.

5. Having heard learned counsel appearing for the parties and considering the submission made, this Court placing reliance on the decisions in the case of Bindusagar Samantaray and Suchitra Bal as cited supra is inclined to quash the rejection of the Petitioner's claim vide the impugned communication dt.19.11.2020 under Annexure-5. While quashing the same, this Court directs Opp. Party No.2 to take a fresh decision on the Petitioner's claim in the light of the passed in the case of Bindusagar Samantaray and Suchitra Bal as cited supra within a period of two (2) months from the date of receipt of this order with due communication to the Petitioner.

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

Reason: authentication of order (Biraja Prasanna Satapathy) Location: high court of orissa, cuttack Judge Date: 21-Nov-2024 sangita 11:09:08