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Shiv Sundar Jena Vs State of Odisha — Pension and Retirement Benefits | Orissa HC (2022)

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Orissa HC
2022
Shiv Sundar Jena Vs State of OdishaShiv Sundar Jena v. State of Odisha

Allowed

Shiv Sundar Jena v. State of Odisha

Orissa HC29 Nov 2022WPC(OAC)/4161/2014

Case brief

AI extract

What is this about?

This single-judge order quashed an order dated 28.11.2014 under Annexure-8. The court directed the State to consider the petitioner's case under the Malaya Nanda Sethy judgment and appoint him under the rehabilitation assistance scheme within three months.

What did the court decide?

Quashing of order dated 28.11.2014; direction to appoint petitioner under rehabilitation scheme within three months.

What the court decided

AI extract

Outcome

Quashing of order dated 28.11.2014; direction to appoint petitioner under rehabilitation scheme within three months.

Issue for consideration

Whether to quash the order dated 28.11.2014 under Annexure-8. +2 more

Detailed headnote1 paragraphs

The writ petition was allowed. The impugned order dated 28.11.2014 was quashed. The respondent authorities were directed to proceed in light of the Supreme Court judgment in Malaya Nanda Sethy and appoint the petitioner under the rehabilitation assistance scheme within three months, ensuring all consequential benefits.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

A

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC (OAC) No. 4161 of 2014

Shiv Sundar Jena

Petitioner

Mr. A.C. Behera, Adv.

Vs.

State of Odisha and others

Opposite Parties State Counsel

CORAM:

DR. JUSTICE B.R. SARANGI

ORDER

29.11.2022

Order No. This matter is taken up through hybrid mode.

06.

Heard learned counsel for the parties.

The petitioner has filed this writ petition seeking to quash the order dated 28.11.2014 under Annexure-8 and issue direction to the opposite parties to appoint him under the rehabilitation assistance scheme, as per OCS (RA) Rules, 1990 and to grant all consequential service and financial benefits within a stipulated time.

Mr. A.C. Behera, learned counsel for the petitioner contended that the case of the petitioner is covered by the judgment of the apex Court in the case of Malaya Nanda Sethy v. State of Orissa , Civil Appeal No. 4103 of 2022 disposed of on 20.05.2022. Therefore, this writ petition may be disposed of in the light of the aforesaid order, to which learned State Counsel has raised no objection.

In the above view of the matter, the order dated 28.11.2014 passed by the authority under Annexure-8 is hereby quashed. The opposite parties are directed to consider the case of the petitioner in the light of the judgment passed by the apex Court in the case of Malaya Nanda Sethy (supra) and pass appropriate order in accordance with law within a period of three months from the date of production of certified copy of this order.

Issue urgent certified copy as per rules.

Ashok

(DR. B.R. SARANGI) JUDGE

Page 1 of 1

Issues for consideration

3 issues framed by the court

AI extract

1.
Whether to quash the order dated 28.11.2014 under Annexure-8.
2.
Whether to direct the opposite parties to appoint the petitioner under the rehabilitation assistance scheme.
3.
Whether to grant consequential service and financial benefits in light of the apex Court judgment.

Cases cited

Colour shows how this judgement treated each authority

AI extract

Malaya Nanda Sethy v. State of OrissaRelied on¶161718
Malaya Nanda Sethy v. State of Orissa, Civil Appeal No. 4103 of 2022

Statutes considered

1 provisions across 1 enactments

AI extract

Order in Councilrehabilitation assistance scheme

Parties & counsel

AI extract

petitioner
Shiv Sundar Jena
respondent
State of Odisha

Coram

AI extract

B.R. Sarangi

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 29 Nov 2022 · November
Registered: 7 Sept 2020
Case no.: WPC(OAC)/4161/2014
CNR: ODHC010718262014
Topic: Pension and Retirement Benefits
Bench: B.r.sarangi
Disposal: Disposed Off

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Cite this judgement

Shiv Sundar Jena v. State of Odisha, WPC(OAC)/4161/2014 (OD), decided on 29 November 2022.

The High Court of Orissa publishes no neutral citation for this judgement — cite it by case number and date of decision.

Cases cited1

Malaya Nanda Sethy v. State of OrissaRelied on¶161718

Open Authorities

Statutes1

Order in Councilrehabilitation assistance scheme

View all statutes

Bench / Coram

B.R. Sarangi

Parties & counsel