Pravat Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.12270 of 2022 Pravat Behera ....

Petitioner Mr. P.K. Mohapatra, Advocate -versusState of Odisha and others ....

Opposite Parties Mr. P.C. Das, ASC

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

04.07.2022 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.

3.

The Writ Petition has been filed by the Petitioner with the following prayer:

"It is therefore, humbly prayed that this Hon'ble Court may graciously be pleased to: - i) Direct the opp. Parties to give appointment to the petitioner under Rehabilitation Assistance Scheme as per the Odisha Civil Service (Rehabilitation Assistance) Rules 1990, which was prevalent at the time of death of his father on 18.04.2015 and submission of application on 17.02.2016 and recommendation of opp. Party No.5 dt. 20.04.2016 in view of Judgment of the Hon'ble Apex Court rendered in the case of the State of Madhya Pradesh and others Vrs Ashish Awasthi, reported in 2021 (II) OLR (SC) 1072 vide Annexure-6;

ii) Pass such other order (s)/direction(s) as would be deem fit and proper in the bonafide interest of Justice;

// 2 // And for which act of kindness, the petitioner as in duty bound shall ever pray."

4. Learned counsel for the Petitioner submits that ventilating his grievance, Petitioner has filed a representation before the Divisional Forest Officer, Satkosia Wildlife Division, Angul, Opposite Party No.5, dated 08.02.2022 under Annexure-7, which according to the Petitioner is pending before the Authority for consideration.

5. Considering the limited nature of grievance and considering the facts and circumstances of the case, this Court directs the Divisional Forest Officer, Satkosia Wild Life Division, Angul, Opposite Party No.5, to consider the representation of the Petitioner dated 08.02.2022 (Annexure-7) within a period of three months from the date of receipt of certified copy of this order taking into consideration the judgment of the Hon'ble Apex Court in the case of State of Madhya Pradesh and others vs. Ashish Awasthi, reported in 2021 (II) OLR (SC) 1072, strictly in accordance with law by passing a speaking and reasoned order. Decision so taken be communicated to the Petitioner within a period of two weeks thereafter.

6. With the above direction, the Writ Petition stands disposed of.

7. Issue urgent certified copy of this order on proper application. ( A.K. Mohapatra ) Judge U.K. Sahoo