Daitari Nayak @ Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.41797 of 2021 Jaganath Mohanty ....

Petitioners Mr.Sidhartha Prasad Mishra, Advocate.

-versusState of Odisha & others ....

Opp. Parties Mr. Sangram Jena, Standing Counsel, S & ME

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

05.01.2022 01.

This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2.

The present writ application has been filed seeking appointment under Rehabilitation Assistance Scheme in view of the death of the mother of the Petitioner late Shantilata Dei. 3.

It is submitted by the learned counsel appearing for the Petitioner that the mother of the Petitioner died in the year 2007. Immediately thereafter he has submitted an application before the appropriate authority to consider the case for appointment under Rehabilitation Assistance Scheme. Several communications have been made from time to time to various authorities. However, the authorities have not taken any final decision in the matter. 4.

Mr.Jena, learned Standing Counsel for School & Mass Education Department submits that there is a long delay in approaching this Court as the last communication referred to in the

// 2 // writ petition was only on 6th March, 2014.

5.

Having heard learned counsel for the parties, this Court is of the considered opinion that the Petitioner has a right to know about the final decision taken on his application for appointment under Rehabilitation Assistance Scheme. The same having not been done the authority has failed to discharge his duty. 6.

In such view of the matter, the present writ application is being disposed of with a direction to the Director, Secondary Education, Odisha, Opposite Party No.2 to take a final decision in the matter strictly in accordance with law within a period of eight weeks from the date of production of certified copy of this order. Any decision taken on the representation of the Petitioner shall be communicated to him within a period of 10 days thereafter. 7.

It is made clear that this Court has not expressed any opinion on the merits of the case.

8.

With the aforesaid observation, the writ application stands disposed of.

( A.K. Mohapatra) Judge RKS