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Yasobanta Mukhi v. State of Odisha

Orissa HC4 Sept 2023WP(C)/17588/2023

Case brief

AI extract

What is this about?

The High Court of Odisha set aside an order rejecting a petitioner's application for appointment under the Rehabilitation Assistance Scheme. Relying on Supreme Court precedents, the Court found the application of the 2020 rules unsustainable for the petitioner's father's death date, quashing the rejection order.

What did the court decide?

The impugned order rejecting the application was set aside and the matter remanded to the Opposite Party No.1 to reconsider the Petitioner's application under the OCS(RA) Rule, 1990 within two months.

Yasobanta Mukhi Vs State of Odisha — Pension and Retirement Benefits | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.17588 of 2023

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Yasobanta Mukhi

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…. Petitioner

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Mr.Manoj Kumar Panda, Advocate

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-versus-

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State of Odisha and others

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…. Opposite Parties Mr.Saswat Das, A.G.A.

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CORAM:

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JUSTICE A.K. MOHAPATRA

ORDER

Order No.

04.09.2023

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

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Heard the learned counsel for the Petitioner as well as the learned Additional Government Advocate. Perused the Writ Petition as well as the documents annexed thereto.

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The Petitioner has filed the present Writ Petition with the following prayer:

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“ The Petitioner therefore prayed that this Hon’ble Court may graciously be pleased to admit this Writ Petition, issue rule NISI calling upon the Opp.Parties to show cause as to why the impugned order dated 23.05.2022 under Annexure-10 shall not be quashed and they shall not be directed to give appointment to the Petitioner under Rehabilitation Assistance Scheme in force at the relevant point of time in the fact and circumstances of the case within specified period and if the Opp.Parties are failed to show cause or show insufficient cause make the said rule absolute by issuing writ/writs in the fact and circumstances of the case for the interest of justice,

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// 2 //

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And/or to pass such other order/orders, direction/directions as this Hon’ble Court deems just and proper in the facts of the case.”

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Considering the date of death of the father of the Petitioner, who was an ex-Government employee on 26.10.2013, this Court is of the considered view that the case of the Petitioner is covered by the decision of this Hon’ble apex Court in the case of Malaya Nanda Sethi-v. State of odisha reported in 2022(II) OLR (SC) 1 and the judgment in the case of The State of West Bengal v. Debabrata Tiwari & others etc. etc. (Civil Appeal Nos.8842-8855 of 2022 decided on 3^rd March, 2023). Accordingly the order rejecting the application of the Petitioner by applying the new OCS(RA) Rule, 2020 is unsustainable in law. In such view of the matter, the impugned order under Annexure-10 is set aside. Further, the matter is remanded back to the Opposite Party No.1 to reconsider the application of the Petitioner for appointment under OCS(RA) Rule, 1990 keeping in view the judgment of the Malaya Nanda Sethi-v. State of odisha reported in 2022(II) OLR (SC) 1 and the judgment in the case of The State of West Bengal v. Debabrata Tiwari & others etc. etc. (Civil Appeal Nos.8842-8855 of 2022 decided on 3^rd March, 2023). The final decision be taken within a period of two months from the date of communication of the order of this Court.

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With the aforesaid observation, the Writ Petition sands disposed of.

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Issue urgent certified copy of this order as per Rules.

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Signature Not Verified

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Digitally Signed Signed by: RAMESH KUMAR SINGH Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 08-Sep-2023 14:08:30

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RKS

Yasobanta Mukhi v. State of Odisha

Case brief

What is this about?

What did the court decide?

Yasobanta Mukhi v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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