WP(C)/9956/2021
2021 Latest Caselaw 4386 Ori

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                                   W.P.(C) No. 9956 of 2021




2.   30.03.2021         The matter is taken up through hybrid arrangement
                  (virtual/physical mode).
                        Heard learned counsel for the parties.
                        This writ petition is for issuance of the direction upon
                  the   opposite    parties   to   appoint      the   petitioner   on
                  compassionate      ground    under      the   provision    of    the
                  Rehabilitation Assistance Rules, 1990.
                        The case of the petitioner is that her husband, while
                  working as Lecturer in Odia in Biswasray Science College,
                  Pattapur in the district of Ganjam died in harness on
                  07.06.2019 and, as such, she made an application for
                  getting appointment on compassionate ground, but the
                  same has not been extended in her favour.
                        Learned counsel for the petitioner submits that the
                  petitioner's case is squarely covered by the judgment
                  rendered by this Court in the case of Ritanjali giri @ Paul
                  vrs. State of Odisha (School & M.E. Deptt.) & others,
                  2016(1) ILR-1162, but even then the grievance of the
                  petitioner is not ventilated by the authorities. Hence, the
                  instant writ petition has been filed.
                        After having heard the learned counsel for the parties
                  and after going through the order passed by this Court in
                  the case of Ritanjali giri @ Paul (supra) and also the order
                  dated 21.6.2017 passed by this Court in W.P.(C) No.10073
                  of 2017, the case of the petitioner required to be considered
                  by the authorities in the light of the said judgment.
                         In view thereof, the writ petition is disposed of giving
                  liberty to the petitioner to file a representation before the
                  Director Higher Secondary Education, Odisha, Bhubaneswar
                  along with all details and also the rules and regulations and
                  the judgments referred in this regard by this Court within
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       three weeks from the date of receipt of certified copy of this
       order.
                The concerned opposite party shall take a decision in
       accordance with the law within a period of three months
       from the date of receipt of such representation.
                Needless to say that if the petitioner's case is found to
       be squarely covered under the judgment rendered by this
       Court in the case of Ritanjali giri @ Paul (supra), then
       consequential relief shall be granted to her forthwith.
                With the aforesaid observation and direction, the writ
       petition is disposed of.


Alok                                        ................................
                                             Dr. B.R. Sarangi, J.