Sangram Khuntia v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.5952 of 2022 Sangram Khuntia ....

Petitioner Mr.Arun Ku. Das-1, Advocate -versusState of Odisha and others ....

Opposite Parties Mr. Y.S.P.Babu, A.G.A.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

04.04.2022 01.

1.

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

2.

Heard learned counsel for the Petitioner and the learned Additional Government Advocate.

3.

The petitioner has filed the present writ application seeking for a direction to Opposite Party Nos. 1 and 2 to consider the application of the Petitioner under Rehabilitation Assistance scheme only on the basis of relevant scheme prevalent on the date of demise of the father of the Petitioner i.e. following the Odisha Civil Services (Rehabilitation Assistance) Rules, 1990 as amended in 2016. 4.

It is submitted by the learned counsel for the Petitioner that the Petitioner has submitted a representation dated 24.01.2022 before the Chief Construction Engineer, Rengali, Right Irrigation Project, Opposite Party No.2 under Annexure-6. which is stated to be pending before him and till date no action has been taken on the representation of the Petitioner. It is also submitted by the learned counsel for the Petitioner that a direction may be issued to the Opposite Party No.2 in the light of the judgment rendered by the

// 2 // Hon'ble Supreme Court in Civil Appeal No.6903 of 2021 (The State of Madhya Pradesh & others-v.-Ashish Awasthi) within a stipulated period of time.

5.

Considering the limited grievance of the Petitioner, this Court without expressing any opinion on the merits of the case, disposes of the writ petition directing Opposite Party No.2 to consider the representation filed by the Petitioner dated 24.01.2022 under Annexure-6 and pass appropriate order in accordance with law taking into consideration the judgment rendered by the Hon'ble Supreme Court in Civil Appeal No.6903 of 2021 (The State of Madhya Pradesh & others-v.-Ashish Awasthi) Annexure-7 series within a period of two months from the date of production of certified copy of this order.

6.

With the aforesaid observation the writ petition is disposed of. 7.

Issue urgent certified copy of this order as per Rules. RKS ( A.K. Mohapatra ) Judge