Puspa Rani Matia v. District And Sessions Judge Jajpur

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P (C) No. 26517 of 2020 Puspa Rani Matia .....

Petitioner Mr. B.S. Tripathy, Adv.

Vs.

District and Sessions Judge, Jajpur and another .....

Opposite Parties Mr. S. Rath, ASC

CORAM:

DR. JUSTICE B.R. SARANGI MR. JUSTICE G. SATAPATHY

ORDER

23.09.2022 Order No.

02.

This matter is taken up through hybrid mode.

2.

Heard Mr. B.S. Tripathy, learned counsel for the petitioner and Mr. S. Rath, learned Additional Standing Counsel appearing for the State-Opposite Parties.

3.

The petitioner has filed this writ petition to provide her employment assistance under the rehabilitation assistance scheme, within a stipulated time.

4.

Mr. B.S. Tripathy, learned counsel for the petitioner contended that the petitioner has already submitted the application in prescribed format and, as such, in the meantime the inquiry has already been conducted by the Tahasildar with regard to distress condition of the family. Even though the petitioner has filed such application in the year 2019, but till date no action was taken by the authority. Therefore, the petitioner has approached this Court by filing the present writ petition.

5.

Mr. S. Rath, learned Additional Standing Counsel appearing for the State-Opposite Parties contended that since the application was filed in the year 2019 and the writ petition was filed in the year 2020, but nothing has been placed on record with regard to

verification of distress condition of the family of the petitioner. However, if the matter is still pending before the authority, direction may be given to consider the same and pass appropriate order in accordance with law.

6.

Having heard learned counsel for the parties and after going through the records, this Court finds that since the petitioner has already submitted application for compassionate appointment as per the OCS (RA) Rules, 1990 under the prescribed format and, as such, if the same is still pending, the authority shall consider the same by applying its mind and pass appropriate order in accordance with law, within a period of four months from the date of production of certified copy of this order. Issue urgent certified copy as per rules.

Ashok/Kishore (DR. B.R. SARANGI) JUDGE (G. SATAPATHY) JUDGE