Jitendra Meher v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 3182 of 2022 Jitendra Meher .....

Petitioner Mr. K. Swain, Advocate - VersusState of Odisha & Ors.

.....

Opp. Parties State Counsel

CORAM:

DR. JUSTICE B.R. SARANGI

ORDER

03.02.2022 Order No.

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

Heard learned counsel for the parties.

3.

The petitioner has filed this writ petition seeking direction to the opposite parties to consider the case of the petitioner for appointment under Rehabilitation Assistance Scheme as per the Odisha Civil Services (Rehabilitation Assistance) Rules, 1990 in Group-C post as his unmarried sister died on 03.06.2014, i.e., much prior to coming into force of the Odisha Civil Services (Rehabilitation Assistance) Rules, 2020 and since he has fulfilled the eligibility conditions made in Odisha Civil Services (Rehabilitation Assistance) Rules, 1990 he may be given appointment in Group-C post as per the Rules, 1990 keeping in view the ratio decided by the apex Court in the case of The State of Madhya Pradesh & Ors. v. Ashish Awasthi (Civil Appeal No. 6903 of 2021 disposed of on 18.11.2021), within a stipulated time, by quashing the notice dated 07.09.2021 under Annexure-6. 4.

In course of hearing, learned counsel for the petitioner states that highlighting the grievances, the petitioner has made representation to the opposite party no.2 vide Annexure-7 and the same may be directed to be disposed of within a stipulated

time, to which learned State counsel has raised no objection. 5.

As agreed to by learned counsel for the parties, this Court, without expressing any opinion on the merits of the case, disposes of the writ petition directing the opposite party no.2 to consider the representation filed by the petitioner vide Annexure7 and pass appropriate order in accordance with law, within a period of three months from the date of production of authenticated/certified copy of this order.

6.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout 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. Arun (DR. B.R. SARANGI) JUDGE