Orissa High Court
Biswanath Apot And vs State Of Odisha And on 8 August, 2023
Author: Biraja Prasanna Satapathy
Bench: Biraja Prasanna Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.24037 of 2023
Biswanath Apot and
Others .... Petitioners
Mr. P.N. Mohanty, Advocate
-versus-
State of Odisha and
Others .... Opposite Parties
Mr. B. Panigrahi, ASC
CORAM:
JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
08.08.2023 Order No.
01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
2. Heard Mr. P.N. Mohanty, learned counsel for the Petitioners and Mr. B. Panigrahi, learned Addl. Standing Counsel for the State.
3. The Petitioners have filed the Writ Petition challenging the order dated 08.06.2022 passed by the Government-Opposite Party No.1 under Annexure-5. Mr. Mohanty, learned counsel for the Petitioners contended that earlier the petitioners had approached this Court in W.P.(C) No.34651 of 2020 and this Court vide order dated 28.09.2021 while disposing the matter directed Opposite Party No.1 to take a fresh decision on the claim of the petitioners. It is contended that Opposite Party No.1 by misinterpreting the order and by holding that similar // 2 // order passed in W.P.(C) No.27634 of 2020 is pending before this Court in W.A. No.810 of 2021, rejected petitioners' claim vide impugned order. It is contended that W.A. No.810 of 2021 relates to the direction of this Court for providing compassionate appointment to the teaching and non-teaching staffs of Block Grant Institutions. But the prayer of the petitioners is with regard to grant of other service benefits. Accordingly, it is contended that the impugned order is not sustainable in the eye of law.
4. Mr. B. Panigrahi, learned Addl. Standing Counsel also does not dispute the submissions made by Mr. Mohanty, learned counsel for the Petitioners.
5. Having heard learned counsel for the parties and taking into account the direction issued by this Court on 28.09.2021, it is the view of this Court that the Opposite Party No.1 has not taken a decision as directed by this Court in the earlier Writ Petition. The ground on which the claim of the petitioners has been rejected as per considered view of this Court is not sustainable in the eye of law. Therefore, this Court is inclined to quash the order dated 08.06.2022 under Annexure-5. While quashing the same, this Court remits the matter to Opposite Party No.1 to take a decision in the light of the order passed on 28.09.2021 by this Court in W.P.(C) No.23312 of 2020 Page 2 of 3 // 3 // within a period of two months from the date of receipt of this order.
6. Accordingly, the Writ Petition is disposed of.
(Biraja Prasanna Satapathy) Judge Basudev Page 3 of 3 Signature Not Verified Digitally Signed Signed by: BASUDEV SWAIN Reason: Authentication of Order Location: High Court of Orissa, Cuttack Date: 11-Aug-2023 13:58:33