WP(C)/7305/2021
2021 Latest Caselaw 4641 Ori

                                 W.P.(C) No. 7305 of 2021




02.   06.04.2021           The matter is taken up by video conferencing mode.
                           Heard   Mr.   D.N.     Rath,   learned   counsel   for   the
                   petitioner and Mr. D.K. Mohanty, learned Addl. Standing
                   Counsel.
                           The petitioner claims for compassionate appointment
                   due to premature death of his father, who was working as
                   Peon on 28.08.2013.
                           Mr. D.N. Rath, learned counsel for the petitioner
                   contended    that     though     the    petitioner   applied     for
                   compassionate appointment, the same was rejected vide
                   order dated 28.01.2016 under Annexure-8 stating that
                   rehabilitation assistance appointment is not applicable for
                   block grant deceased employee in view of the Department of
                   Higher Education Memorandum no.28780 dated 10.08.2011.
                   It is further contended that this question remains no more res
                   integra in view of the judgment of this Court in Rudra
                   Prasad Dwibedi v. State of Odisha (W.P.(C) No.2944 of
                   2016 disposed of on 20.07.2018) wherein this Court held that
                   compassionate appointment is also applicable to the block
                   grant staff keeping in view the ratio decided by this Court in
                   Ritanjali Giri @Paul v. State of Odisha (W.P.(C) No.5022
                   of 2013 disposed of on 11.05.2016). Instead of giving the
                   benefit to the petitioner, the claim of the petitioner has been
                   rejected by the authority vide order dated 04.01.2021 under
                   Annexure-10 on the selfsame ground relying upon the
                   selfsame guidelines of the Department of Higher Education
                   stating that the rehabilitation assistance appointment is not
                                  // 2 //




        applicable for block grant institution.
                In the opinion of this Court, the matter requires
        consideration.
                Issue notice to the opposite parties.
                Two extra copies of the writ petition be served on
        learned Addl. Standing Counsel appearing for opposite parties
        no.1 and 2 within three days enabling him to obtain
        instructions or file counter affidavit.
                Steps for service of notice on opposite party no.3 by
        speed post with A.D. be taken within three days. Office shall
        send notice to the said opposite party fixing an early
        returnable date.
                As the restrictions due to the COVID-19 situation are
        continuing, learned counsel for the parties may utilize a soft
        copy of this order available in the High Court's website or
        print out thereof at par with certified copy in the manner
        prescribed, vide Court's Notice No.4587, dated 25th March,
        2020.


                                            ...............................

Ashok (DR. B.R. SARANGI) JUDGE