Sonup Rout v. State of Odisha

Orissa HC11 Nov 2024WP(C)/3126/2021

Case brief

AI extract

What is this about?

Sonup Rout v. State of Odisha & Others, W.P.(C) No.3126 of 2021, Orissa High Court (Biraja Prasanna Satapathy, J.), order dated 11.11.2024. Rehabilitation Appointment for legal heir of deceased employee; withdrawal of benefits by Government communication dtd.09.09.2020 (Annexure-3); fully aided educational institutions and grant-in-aid (New)/block grant institutions; reliance on Bindusagar Samantaray (W.A. No.810 of 2023) and Suchitra Bal (W.P.(C) No.2081 of 2021); direction to Opposite Party No.3 to decide claim within two months; writ petition disposed of.

What did the court decide?

Direction to Opposite Party No.3 to take a final decision on the Petitioner's claim for Rehabilitation Appointment in the light of Bindusagar Samantaray and Suchitra Bal within two months of receipt of the order and communicate the result to the Petitioner.

Sonup Rout Vs State of Odisha — Orissa HC (2024) — LawSathi Research

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.3126 of 2021

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Sonup Rout

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Petitioner

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Mr. L. Samal, Adv. appearing on behalf of Mr.J.N. Panda, Advocate

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-versus-

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State of Odisha & Others

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…. Opposite Parties Mr. P.K. Panda, ASC

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CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY ORDER

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11.11.2024 Order No.

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

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2. Heard learned counsel appearing for the Parties.

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3. Learned counsel for the Petitioner contended that on the death of his father, Petitioner though make an application to get the benefit of Rehabilitation Appointment, but in view of the stipulation contained in the impugned communication under Annexure-3, her claim has not yet been considered. Vide the impugned communication dtd.09.09.2020 under Annexure-3, Government decided to withdraw the benefits of Rehabilitation Appointment extended in favour of the legal heirs of the deceased employee working in fully

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Aided Educational Institutions and Educational Institution receiving grant-in-aid (New)/ block grant so issued vide letter No.16029 dtd.01.08.2019.

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4. Learned counsel for the Petitioner contended that in view of the decisions rendered by this Court in the case of Bindusagar Samantaray vrs. State of Odisha & Others (W.A. No.810 of 2023, decided on 13.09.2023) and the decision in the case of Suchitra Bal vs. State of Odisha & Others decided on 27.06.2023 in W.P.(C) No.2081 of 2021, the stipulation contained in impugned communication, no more subsists and claim of the Petitioner is required to be considered and in the light of decision in the case Bindusagar Samantaray as well as Suchitra Bal.

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5. Learned Addl. Standing Counsel for the State does not dispute the contention raised by the learned counsel for the Petitioner with regard to the decisions rendered in the case of Bindusagar Samantaray and Suchitra Bal.

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6. Having heard learned counsel appearing for the Parties and considering the submissions made, this Court while disposing the Writ Petition is of the view that the claim of the Petitioner is required to be considered in the light of the decision in the case of Bindusagar Samantaray as well as Suchitra Bal as cited (supra). Accordingly, this Court directs Opposite Party No.3 to take a final decision on the claim of the Petitioner in the

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light of the decisions as cited (supra) within a period of two (2) months from the date of receipt of this order and communicate the result thereof to the Petitioner.

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7. Accordingly, the Writ Petition stands disposed of.

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Subrat

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(Biraja Prasanna Satapathy) Judge

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Signature Not Verified

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Digitally Signed Signed by: SUBRAT KUMAR BARIK Reason: Authentication Location: HIGH COURT OF ORISSA, CU TTACK Date: 14-Nov-2024 16:58:12

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Sonup Rout v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sonup Rout v. State of Odisha

Case brief

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