The Court issued a direction to the opposite party to decide on the petitioner's representation regarding appointment under the Rehabilitation Assistance Scheme within three months, considering various Supreme Court precedents.
Directed opposite party No.3 to take a decision on the representation within three months.
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.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.8250 of 2023
…. Petitioner Biswaranjan Acharya Mr. K.K. Swain, Advocate -versus-
State of Odisha and Others
…. Opposite Parties Mr. R.N. Mishra, AGA
CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
21.06.2023
Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
2. Heard learned counsel for the parties. 3 . The Petitioner has filed the present Writ Petition with the following prayer: -
<Under the above circumstances, it is humbly prayed that the writ petition may be allowed;
(A) a writ of mandamus or an appropriate writ may be issued commanding the opposite parties to consider the case of the petitioner for his appointment under the Rehabilitation Assistance Scheme either in Group-C post of in Group-D post befitting to his qualification in terms of the Odisha Civil Services (Rehabilitation Assistance) Rules, 1990 keeping in view the decision of the Hon’ble Apex Court rendered in the case of The State of Madhya Pradesh and others Vs. Ashish Awasthi (Civil Appeal No.6903 of 2021 disposed of on 18.11.2021) in the case of The Secretary to Govt., Department of Education (Primary) and others Vs. Bheemesh alias Bheemappa reported in 2021 SCC ONLINE SC 1264 and in the case of
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Malaya Nanda Sethy Vs. State of Orissa and Others (Civil Appeal No.4103 of 2022 arising out of S.L.P. (Civil) No.936 of 2022 decided on 20.05.2022) and also of this Hon’ble Court in the case of Santosh Kumar Barik Vs. State of Odisha and others (W.P.(C) No.26372 of 2022 disposed of on 19.10.2022), within a time to be stipulated by this Hon’ble Court;
(B) And any other order/orders or direction/directions may be issued so as to give complete relief to the petitioner.=
4. Learned counsel for the Petitioner submits that through highlighting his grievances, the petitioner has filed a representation vide Annexure-11 to the Writ Petition, but till date nothing has been done in the matter. In such background, he prays that a direction be issued to opposite party No.3 to take a decision on the above noted petition within a specific time period.
5. Considering the submissions made and without expressing any opinion on the merits of the case, this Court directs opposite party No.3 to take a decision on the above noted petition in accordance with law taking into account Annexure-3, within a period of three months from the date of production of certified copy of this order and communicate the result of such exercise to the petitioner.
6. The Writ Petition is disposed of accordingly.
(Biraja Prasanna Satapathy) Judge
Basudev
Signature Not Verified
Digitally Signed Signed by: BASUDEV SWAIN Designation: Jr. Stenographer Reason: Authentication of Order Location: High Court of Orissa, Cuttack Date: 22-Jun-2023 16:54:22
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2 issues framed by the court
Whether the petitioner is entitled to appointment under the Rehabilitation Assistance Scheme in a Group-C or Group-D post.
Whether a direction should be issued to the opposite party to decide the pending representation within three months.
Colour shows how this judgement treated each authority
The State of Madhya Pradesh and others Vs. Ashish AwasthiReferred¶12
The State of Madhya Pradesh and others Vs. Ashish Awasthi (Civil Appeal No.6903 of 2021 disposed of on 18.11.2021)
The Secretary to Govt., Department of Education (Primary) and others Vs. Bheemesh alias BheemappaReferred¶12
The Secretary to Govt., Department of Education (Primary) and others Vs. Bheemesh alias Bheemappa reported in 2021 SCC ONLINE SC 1264
Malaya Nanda Sethy Vs. State of Orissa and OthersReferred¶14
Malaya Nanda Sethy Vs. State of Orissa and Others (Civil Appeal No.4103 of 2022 arising out of S.L.P. (Civil) No.936 of 2022 decided on 20.05.2022)
Santosh Kumar Barik Vs. State of Odisha and othersReferred¶14
Santosh Kumar Barik Vs. State of Odisha and others (W.P.(C) No.26372 of 2022 disposed of on 19.10.2022)
Biswaranjan Acharya
State of Odisha
Biraja Prasanna Satapathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
