Disposed

Bikash Chandra Perei v. State of Orissa

Orissa HC3 May 2018WP(C)/6815/2018

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AI extract

What is this about?

The High Court disposed of a writ petition seeking appointment on compassionate grounds. The petitioner's father died in harness, and the petitioner applied for appointment under the Rehabilitation Assistance Scheme. The Court directed authorities to consider the case in light of a specific precedent and instructed the petitioner to file a representation.

What did the court decide?

Liberty granted to file representation before Director of Secondary Education; authorities directed to decide within four weeks of receipt.

Bikash Chandra Perei Vs State of Orissa — Pension and Retirement Benefits | Orissa HC (2018)

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W.P.(C) No.6815 of 2018

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3.5.2018 This writ petition is for issuance of the direction upon the opposite parties to appoint the petitioner on compassionate ground under the provision of the Rehabilitation Assistance Scheme under Orissa Civil Service (OCS) Rules, 1990 against Class-III/Class-IV post.

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The case of the petitioner is that his father, while working as Headmaster at Satatira Primary School under Block Education Officer, Ghasipura, District-Keonjhar having been joined after following due procedure, has died in harness on 17.12.2011 and as such, he has made an application for getting appointment on compassionate ground, but the same has not been extended in his favour.

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Learned counsel for the petitioner submits that the petitioner’s case is squarely covered by the judgment rendered by this Court in the case of Ritanjali giri @ Paul vrs. State of Odisha (School & M.E. Deptt.) & others, reported in 2016(1) ILR-1162 , but even then the grievance of the petitioner is not ventilated by the authorities. Hence, the instant writ petition has been filed.

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Learned counsel for the petitioner has produced a copy the order dated 21.6.2017 passed by this Court in W.P.(C) No.10073 of 2017 by handing over a copy of the same upon the learned Standing Counsel appearing for the School & Mass Education Department.

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After having heard the learned counsel for the parties and after going through the order passed by this Court in the case of Ritanjali giri @ Paul (supra) as also the order dated 21.6.2017 passed by this Court in W.P.(C) No.10073 of 2017, the case of the

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petitioner is required to be considered by the authorities in the light of the said judgment.

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In view thereof, the writ petition is disposed of giving liberty to the petitioner to file a representation before the Director of Secondary Education, Odisha, Bhubaneswar along with all details as also the rules and regulations and the judgments referred in this regard by this Court within three weeks from the date of receipt of certified copy of this order

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The concerned opposite party shall take decision in accordance with the law within four weeks from the date of receipt of such representation.

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Needless to say that if the petitioner’s case is found to be squarely covered under the judgment rendered by this Court in the case of Ritanjali giri @ Paul (supra), then consequential relief shall be granted to him forthwith.

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With the aforesaid observation and direction, the writ petition is disposed of.

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…………………..

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S.N.Prasad,J.

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Bikash Chandra Perei v. State of Orissa

Case brief

What is this about?

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Bikash Chandra Perei v. State of Orissa

Case brief

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