Bina Behera v. Registrar Co Operation Dept., Bbsr
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.6835 of 2022 Bina Behera ....
Petitioner Mr. Chittaranjan Pattnaik, Advocate -versusRegistrar Co-operative Department, Bhubaneswar and others ....
Opposite Parties Mr. Y.S.B. Babu, A.G.A.
CORAM:
JUSTICE A.K. MOHAPATRA Order No.
ORDER
30.03.2022 01.
1.
This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2.
Heard learned counsel for the Petitioner as well as learned counsel for the State. Perused the record.
3.
The present writ petition has been filed by the petitioner with a direction to the Opposite Parties to give appointment to the petitioner under the Rehabilitation Assistance Scheme, 1990 in the said office. 4.
It is submitted by learned counsel for the Petitioner that the petitioner is wife of the deceased employee applied for appointment to the post of Secretary in the office of the Dudukote PACS Ltd. For compassionate appointment under Rehabilitation Assistance Scheme. 5.
It is further submitted by learned counsel for the petitioner that pursuant to the application an enquiry was conducted and report was submitted to the Assistant Registrar, Cooperative Society-Opposite Party No.2. However, no action has been taken on the application submitted by the petitioner on the compassionate appointment under
// 2 // the Rehabilitation Assistance Scheme and a direction may be given to the authorities to consider the case of the petitioner within a stipulated period of time keeping in view the enquiry report submitted vide order dated 19.07.2021 and 09.08.2021 under Annexures-6 and 7.
6.
Learned counsel for the State, on the other hand, submits that there are various reasons. One of such ground is adequate posts are not available to appoint the persons under the Rehabilitation Assistance Scheme and rules. However, he further submits that he has no objection, if a direction is given to the Opposite Party No.1 to consider the case of the petitioner within a stipulated period of time. 7.
Considering the aforesaid submissions made and the limited nature of prayer, this Court disposes of the writ petition with a direction to the Registrar Cooperation Department, Odisha, Bhubaneswar-Opposite Party No.1 to consider the application of the petitioner for appointment under the Rehabilitation Assistance Scheme in accordance with law within a period of three months from the date of production of certified copy of this order. It is further directed that in the event posts are available and the said Opposite Party shall do well to appoint the petitioner under the Rehabilitation Assistance Scheme within two months thereafter. Any decision taken on the same shall be communicated to the Petitioner within a period of two weeks thereafter.
8.
With the aforesaid direction, the writ petition stands disposed of.
Urgent certified copy of this order be granted on proper application.
Jagabandhu ( A.K. Mohapatra ) Judge
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