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2022 Supreme(SC) 503

M. R. SHAH, B. V. NAGARATHNA
Malaya Nanda Sethy – Appellant
Versus
State of Orissa – Respondent


Advocates:
Advocate Appeared:
For the Appellant(s) : Mr. Nagarkatti Kartik Uday, AOR
For the Respondent(s): Mr. Shubhranshu Padhi, AOR

JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 26.10.2021 passed by the High Court of Orissa at Cuttack in Writ Petition (Civil) No. 28023/2021, by which the High Court has dismissed the said writ petition preferred by the appellant herein and has refused to direct the State authorities to appoint the appellant herein – original writ petitioner on compassionate ground, the original writ petitioner has preferred the present appeal.

2. The facts leading to the present appeal in a nutshell are as under :

That the father of the appellant herein – original writ petitioner was working as an Assistant Sub-Inspector in the Excise Department. He passed away on 02.01.2010 while in service. On the death of his father, the appellant applied for his appointment as a Junior Clerk on compassionate ground under the Orissa Civil Service (Rehabilitation Assistance) Rules, 1990 (hereinafter referred to as the “1990 Rules”) in July, 2010. It was the case on behalf of the appellant that his mother was unable to undertake a government job due to her medical condition. The said application was sent to the office of the Excise Commissioner, Orissa, Cu

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