Yasobanta Mukhi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 30 of 2022 Yasobanta Mukhi .....

Petitioner Mr. M.K. Panda, Advocate Vs.

State of Odisha and others .....

Opposite parties Mr. Y.S.P. Babu, AGA

CORAM:

DR. JUSTICE B.R. SARANGI

ORDER

01.02.2022 Order No.

This matter is taken up by video conferencing mode. 2.

Against rejection of claim with regard to compassionate appointment vide order dated 26.11.2021 under Annexure-8, the petitioner has approached this Court by filing the present writ petition.

3.

Mr. M.K. Panda, learned counsel for the petitioner contended that though the father of the petitioner died on 26.10.2013 and, as such, Odisha Civil Service (Rehabilitation Assistance) Rules, 1990 was in force, but because of laches on the part of the authority, now the case of the petitioner has been considered under Odisha Civil Service (Rehabilitation Assistance) Rules, 2020, which is arbitrary, unreasonable and contrary to the provisions of law. 4.

Mr. Y.S.P. Babu, learned Addl. Government Advocate contended that since the petitioner has not satisfied the requirement under the provisions contained in Odisha Civil Service (Rehabilitation Assistance) Rules, 1990, his case has been rejected and, as such, consideration has been made

under Odisha Civil Service (Rehabilitation Assistance) Rules, 2020.

5.

Having heard learned counsel for the parties and after going through the records, this Court finds that while considering the case of the petitioner, the judgment of the apex Court in the case of State of Madhya Pradesh v. Ashish Awasthi, 2021(II) OLR (SC) 1072 has not been taken into consideration by the authority. Therefore, the order dated 26.11.2021 under Annexure-8 is liable to be quashed and is hereby quashed. The matter is remitted back to the opposite party no.1 to reconsider the case of the petitioner once again taking into consideration the judgment of the apex Court in the case of Ashish Awasthi (supra), and pass a reasoned and speaking order as expeditiously as possible, preferably within a period of three months from the date of receipt of certified/authenticated copy of this order.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a print out of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed, vide Court's Notice No.4587 dated 25th March, 2020, as modified by Court's notice no. 4798 dated 15th April, 2021, and Court's Office Order circulated vide Memo Nos.514 and 515 dated 7th January, 2022.

Ashok (DR. B.R. SARANGI) JUDGE