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2026 DAILYLAW 17835 (ORI)

GAYATRI BEHERA v. STATE OF ODISHA

WP(C)/16008/2026 · 2026-05-21

Biraja Prasanna Satapathy

Civil Appealbody2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.16008 of 2026 Gayatri Behera …. Petitioner Mr. D.N. Rath, Advocate -versus- State of Odisha & Anr. …. Opposite Parties Mr. A. Tripathy, AGA COROM: JUSTICE BIRAJA PRASANNA SATAPATHY Order No ORDER 21.05.2026 01. 1. This matter is taken up through Hybrid Mode. 2. Heard learned counsel for Petitioner and learned counsel for the State-Opposite Parties. 3. The present Writ Petition has been filed inter alia with the following prayer:- “ Under the above circumstance, it is therefore humbly prayed that this Hon'ble Court may be graciously pleased to issue a writ in the nature of writ of mandamus or any other appropriate writ, direction or order by directing the opposite parties to issue appointment order in favour of the petitioner under Rehabilitation Assistance Rules pursuant to the recommendation made by the opposite parties, under OCS (Rehabilitation Assistance) Rules, 1990, keeping in view the law settled by the Hon'ble Supreme Court in the case of State of Odisha v Jita Luha and others (Civil Appeal No. 5842 of 2025, decided on 02.05.2025), and the rule framed Government vided notification dated 04.04.2025 under Annexure-14 and the notification issued by the Government dated 13.06.2025 under Annexure-15, pursuant to the direction issued by this Hon'ble Court vide order dated 17.05.2023 passed in W.P.(C) No. 7341 of 2023 under Annexure-9, which has been affirmed by the Hon'ble Division Bench and also by the Hon'ble Apex Court vide Annexures-11 and 13 to the writ petition within a stipulated period. And the Hon'ble Court be pleased to pass any further order or orders as would be deem fit and proper in the facts and circumstances of the case. And for this act of kindness, as in duty bound, the petitioner shall ever pray.”. p. 2 p. 2 4. Learned counsel for the Petitioner submits that the request made to Opposite Party No.5 under Annexure-17 to the writ petition is pending, but till date nothing has been done in the matter. In such background, he prays that a direction be issued to Opposite Party No.5 to take a decision on the above noted request 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.5 to take a decision on the above noted request so made under Annexure-17 in accordance with law as expeditiously as possible preferably within a period of two (2) months from the date of receipt of this order with due communication. While taking such a decision on the request and as contended relevancy and effect of the order passed by this Court so confirmed by the Hon’ble Apex Court in the case of State of Orissa Vs. Jita Luha & Ors.(Civil Appeal No.5842 of 2025) be taken into consideration and so also earlier recommendation made by the self-same authority vide his letter dtd.26.12.2017 under Annexuxre-7. 6. Accordingly, the Writ Petition stands disposed of. (Biraja Prasanna Satapathy) Judge Subrat