Manini Mohanty @M.Gochhayat v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 11193 of 2015 Manini Mohanty @ M. Gochhayat ....

Petitioner Mr. B.K. Pattanaik, Advocate -versusState of Odisha and Others ....

Opposite Parties Mr. P.K. Muduli, Addl. Govt. Advocate

CORAM:

THE CHIEF JUSTICE JUSTICE R.K. PATTANAIK

ORDER

30.03.2022 Order No.

04.

1. From the reply filed on behalf of the Opposite Parties to the present petition filed by the daughter-in-law of the government servant, for appointment under the Rehabilitation Assistance Scheme (RAS), it appears that the plea taken about the application being delayed by two years not correct. The husband of the present Petitioner, who is the son of the government servant himself died after making an application under the RAS on 14th October, 2014 therefore, the application filed by the present Petitioner within a month thereafter, cannot be said to be time barred.

2. Learned Additional Government Advocate for the State - Opposite Parties then states that the Petitioner did not produce legal heirship certificate and other relevant documents. He further states that meanwhile the Scheme itself has been replaced by RAS scheme of 2020.

3. The Court directs that the Petitioner will make a detailed representation/application enclosing the legal heir certificate to the Opposite Parties afresh on or before 2nd May, 2022 under the 2020 Rules as per the format devised thereunder. If such application is made within the time stipulated, it will be considered afresh and an appropriate order shall be passed thereon by the authority within three months thereafter. The decision shall be communicated to the Petitioner not later than 8th August, 2022.

4. The writ petition is disposed of in the above terms.

5. An urgent certified copy of this order be issued as per rules. (Dr. S. Muralidhar) Chief Justice (R.K. Pattanaik) Judge S.K. Jena/P.A.