Quashed

Bidyadhar Nayak v. State of Orissa

Orissa HC23 Aug 2022WP(C)/18759/2022

Case brief

AI extract

What is this about?

Writ petitioner challenged rejection of compassionate appointment claim. The Court found the authority failed to consider the Ashish Awasthi judgment. The impugned order was quashed and the matter remitted with instructions to reconsider the case.

What did the court decide?

Order dated 01.06.2022 quashed and matter remitted to opposite party no.3 to reconsider the case applying Ashish Awasthi judgment.

Bidyadhar Nayak Vs State of Orissa — Pension and Retirement Benefits | Orissa HC (2022)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

W.P.(C) No.18759 of 2022

Bidyadhar Nayak

….

Petitioner

-versus-

State of Odisha & Ors.

¶8

…. Opposite Parties

¶9

CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

23.08.2022

Order No

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

¶14

2. Against rejection of claim with regard to compassionate appointment vide order dated 01.06.2022 under Annexure-5, the petitioner has approached this Court by filing the present writ petition.

¶15

3. Mr. P.K. Mohapatra, learned counsel for the petitioner contended that though the father of the petitioner died on 30.10.1999 and, as such, Odisha Civil Service (Rehabilitation Assistance) Rules, 1990 was in force, but because of latches on the part of the authority, now the case of the petitioner has been considered under Odisha Civil Service (Rehabilitation Assistance) Rules, 2020, which is arbitrary, unreasonable and contrary to the provisions of law.

¶16

4. Learned State Counsel contended that since the petitioner has not satisfied the requirement under the provisions contained in Odisha Civil Service (Rehabilitation Assistance) Rules, 1990, his case has

¶17

// 2 //

¶18

been rejected and, as such, consideration has been made under Odisha Civil Service (Rehabilitation Assistance) Rules, 2020.

¶19

5. Having heard learned counsel for the parties and after going through the records, this Court finds that while considering the case of the petitioner, the judgment of the apex Court in the case of State of Madhya Pradesh v. Ashish Awasthi, 2021(II) OLR (SC) 1072 has not been taken into consideration by the authority. Therefore, the order dated 01.06.2022 under Annexure-5 is liable to be quashed and is hereby quashed. The matter is remitted back to the opposite party no.3 to reconsider the case of the petitioner once again taking into consideration the judgment of the apex Court in the case of Ashish Awasthi (supra), and pass a reasoned and speaking order as expeditiously as possible, preferably within a period of three months from the date of receipt of certified copy of

¶20

this order.

¶21

Issue urgent certified copy as per rules. (Biraja Prasanna Satapathy) Judge

¶22

Subrat

¶23

Page 2 of 2

Bidyadhar Nayak v. State of Orissa

Case brief

What is this about?

What did the court decide?

Bidyadhar Nayak v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Bipina Bihari Rout Vs State of Orissa

Anjana Sahu Vs State of Odisha

Sabyasachi Sahu Vs State of Odisha

Sarat Chandra Sahu Vs State of Odisha

Prema Sahu Vs State of Odisha

Bhagirathi Saw Vs State of Odisha