Kalia Sethi And Another vs State Of Odisha And Others on 9 August, 2017
12. Therefore, in view of the decision of this Court as cited
(supra), the ground on which the Petitioner's claim has
been rejected is not legally sustainable. Therefore, this
Court is inclined to quash the order dated 17.08.2012
under Annexure-6. While quashing the same, this Court
directs the Opposite Party No.1 to reconsider the matter
and take a decision on the claim of the Petitioner in terms
of the provision prevalent at the time of the death of the
deceased employee by following the decision of the Hon'ble
Apex Court in the case of Malayananda Sethi vs. State
of Odisha & Others. If on such consideration, it is found
Page 5 of 6
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that the Petitioner is otherwise eligible, then consequential
action in providing him appointment shall also be taken
up. The entire exercise be completed within a period of
3(Three) months from the date of receipt of this order.