STATE OF ORISSA Vs. SABITRI NAYAK

JUDGEMENT

(1.) R . K. PATRA, J 1. O.J.C. No. 13388 of 2001 is a writ petition filed by the State of Orissa and its officials seeking quashing of the order dated 31.11.2000 passed by the Orissa Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No. 373 (C) of 2000. By the said order, the Tribunal has directed the State Governments to give Opp. Party appointment under the Rehabilitation Assistance Scheme. The Opp. Party in the above O.J.C. No. 13388 of 2001 has filed writ petition bearing O.J.C. No. 2572 of 2002 practically for a direction to the State Government and its officials to implement the above decision of the Tribunal. Since both the cases are analogous and they are inter -connected, they were heard together and are disposed of by this common order.

(2.) VALIDITY of the decision of the Tribunal is under challenge on the ground that as appointment can be given under the Rehabilitation Assistance Scheme because of the ban order on appointments to posts at the base level.

(3.) WE have perused the impugned order of the Tribunal. Although it has not specifically referred to the relevant Finance Department ban order, it was aware of the States financial constraints and relying on the decision of the Supreme Court in Sushama Gosain v. Union of India, AIR 1988 S.C. 1976 has granted relief to the Opposite party.