Orissa High CourtWP(C)/8704/2022disposed off

Soumit Pattnaik v. State Of Odisha

2022-07-15Dr. Justice S.K. Panigrahi3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P(C) No. 8704 of 2022 Soumit Pattnaik ....

Petitioner Mr.Durgesh Narayan Rath, Adv.

-versusState of Odisha & Ors.

....

Opposite Parties

CORAM:

DR. JUSTICE S.K. PANIGRAHI Order No.

ORDER

15.07.2022 03.

1. This matter is taken up through hybrid arrangement.

2. Heard.

3. By way of this Writ Petition the petitioner challenges the action of the opposite parties in not extending the compassionate appointment in his favour under the Rehabilitation Assistance Scheme in accordance with the Odisha Civil Services Rehabilitation Assistance) Rules, 1990.

4. Learned counsel for the petitioner submits that this Court has earlier decided the similar issue in Pradeep Kumar Sahoo Vs. Principal Secretary to Government, S & M.E. Deptt & Ors. vide common judgment dated 31.05..2022 passed in W.P.(C) No. 23683 of 2021 and W.P.(C) no.23682 of 2021. Hence, he submits that this

// 2 // Writ Petition may be disposed of in the light of the judgment passed in Pradeep Kumar Sahoo (supra).

5. Learned Additional Government Advocate for the State submits that he has no objection, if this matter is disposed of in the light of the judgment passed in Pradeep Kumar Sahoo (supra).

6. On perusal of the records and the judgment passed in the case of Pradeep Kumar Sahoo (supra), it appears that similar issue has been decided in the said judgment which was disposed of on 31.05.2022. The ordering portion of the said judgment is as follows.

"10. From the above discussion, this Court is of the opinion that the Petitioners should be provided with the compassionate appointment in accordance to the Orissa Civil Service(Rehabilitation Assistance) rules, 1990 within a period of three months from today.

11. Having considered the matter in aforesaid perspective and guided by the precedents cited hereinabove, this Court allows both the petitioners.

12. Both the Writ Petitions are, accordingly, disposed of in terms of the above directions. There shall be no order as to costs..

// 3 //

7. In view of aforesaid common judgment passed in 23683 of 2021 and W.P.(C) no.23682 of 2021and batch of cases, this Writ Petition is disposed of.

8. Urgent certified copy of this order be granted on proper application.

(Dr. S.K. Panigrahi) Judge LB