Orissa High Court
Ashok Kumar Nayak vs ) Registrar Of Cooperative ..... ... on 3 February, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.3085 of 2025
Ashok Kumar Nayak ..... Petitioner
Represented By Adv. -
Shakti Datta Tripathy
-versus-
1) Registrar Of Cooperative ..... Opposite Parties
Societies
2) Aska Cooperative Central Bank Ltd Represented By Adv. -
3) President, Committee Of
Management The Aska Co.op Central
Bank Ltd
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
Order No. 03.02.2025
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for Petitioner and learned Counsel for
the Opposite Parties.
3. The petitioner has filed this writ petition seeking to quash the
order of rejection dated 15.03.2024 under Annexure-3 and further
seeks direction to the opposite parties to appoint him as per OCS
(Rehabilitation Assistance) Rule, 1990 read with Amendment Rules,
2016 within a stipulated period.
4. Looking to the date of death of the deceased involving whom
appointment under the Rehabilitation Assistance Scheme is sought
and the date of application for appointment under the Rehabilitation
Assistance Scheme, this Court finds, the issuance of rejection order
vide Annexure-3 applying the provision in the 2020 Rule, which has
even not seen the light of the day either on the date of death or on the
date of submission of application for appointment under the
Rehabilitation Assistance Scheme, remains contrary to the decision
of the Hon'ble Supreme Court in the case of Malaya Nanda Sethy
vrs. State of Orissa and others : reported in 2022(II) OLR(SC)-1
and State of West Bengal-v.-Debabrata Tiwari passed in Civil
Appeal No.8842 of 2022 decided on 3rd of March, 2023 reported
in (2023 (3) SCALE-557 decided by the Hon'ble Supreme Court and
the judgment of this Court in Suchitra Bal vs. State of Odisha & ors.
by a Division Bench of this Court in W.P.(C) No.2081 of 2021
decided on 16.03.2023 as well as Bindusagar Samantaray vs. State
of Odisha & ors. by a Division Bench of this Court in W.A. No.810
of 2021 decided on 25.09.2023, wherein the apex court in a clear and
categorical term observed that the Policy prevalent at the time of
death of the deceased employee is only to be considered and not the
subsequent policy. This Court, therefore, interfering with the
rejection order dated 15.03.2024 vide Annexure-3 sets aside the same
and directs Opposite Party Nos.2 & 3 to consider the case of the
Petitioner for appointment under the Rehabilitation Assistance
Scheme in terms of the provision at Orissa Civil Services
(Rehabilitation Assistance) Rules, 1990 with the amended Rules,
2016, in view of the decision of the Hon'ble Supreme Court as well
as this Court referred to hereinabove.
5. The entire exercise shall be completed within a period of one
& half months from the date of communication/production of
certified copy of this order by the Petitioner.
6. With the aforesaid observation/direction, the writ petition is
disposed of.
7. Urgent certified copy of this order be granted on proper
application.
( A.K. Mohapatra )
Judge
Rubi
Location: High Court of Orissa, Cuttack
