Saroj Kumar Tanty vs. State Of Odisha
Held
The High Court set aside the rejection order and remanded the matter back to the authority. The authority is directed to reconsider the petitioner's application afresh in light of relevant Supreme Court and High Court judgments.
Facts
The petitioner applied for compassionate appointment after his father's death in 2013. His application was rejected in 2021 based on new rules enacted in 2020, despite the application being filed earlier.
Key Issues
Whether the petitioner's application for compassionate appointment should be decided under the old rules or the new rules enacted during the pendency of the application.
Sections Cited
O.C.S.(RA) Rules, 1990, OCS (Rehabilitation Assistance) Rules, 2020
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Cause title — parties, addresses and appearances
ORDER 18.12.2023
This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
Heard learned counsel for the petitioner as well as learned Additional Standing Counsel appearing for the State. Perused the writ petition as well as documents annexed to thereto.
The present writ petition has been filed by the petitioner with the following prayer :
“The Petitioner therefore, prays that your Lordships would be graciously pleased to admit this writ petition, call for records after hearing he parties issue writ/writs in the nature of certiorari/mandamus or any other writ/directions set aside the order dated 30.06.2021 under Annexure-1 and direct the Opp.Party-Joint Commissioner, Commercial Taxes & GST, Rourkela Range, Sundargrah to take fresh decision on the Petitioner’s application for providing appointment
The judgment continues below.
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