JUDGMENT :

B.N. MAHAPATRA, J.

1. This writ petition has been filed for a direction to opposite party No.2 Secretary, Berhampur Central Co-operative Bank Limited, Berhampur to appoint the petitioner under the Rehabilitation Assistance Scheme on account of death of his father and for a further direction to opposite party No.1 Registrar, Co-operative Societies, Orissa, Bhubaneswar to accord approval in respect of the said appointment.

2. Petitioner's case in a nutshell is that the father of the petitioner late Gouranga Palei died in harness due to heart attack on 03.07.2010. At the time of his death, petitioner's father was serving under opposite party No.2 as a regular employee. After death of his father, the petitioner made representation under Annexure-3 series to opposite party Nos. 1 and 2 for his appointment under the Rehabilitation Assistance Scheme. Vide Letter No. 5676/12-13 dated 17.01.2013 (Arinexure-4) though opposite party No.2 Secretary has required approval of opposite party No.1 for appointment of the petitioner along with others under the Rehabilitation Assistance Scheme, no action has yet been taken by opposite party No.1. Hence, the present writ petition.

3. Mr. Tripathy, learned counsel appearing on behalf of the petitioner submitted that both the opposite parties have failed to exercise their duties in proper perspective. Petitioner and his family members are in bare need of financial assistance for their survival. For no valid reason, the petitioner has been deprived of getting appointment under the Rehabilitation Assistance Scheme formulated by opposite party No.1. Mr. Tripathy further submitted that petitioner's case is covered by order of this Court dated 22.04.2013 passed in Sibananda Jena vs. Registrar, Co-operative Societies, Orissa and another, W.P. (C) No. 7653 of 2013. The petitioner in that case has got appointment under the Rehabilitation Assistance Scheme. Therefore, it is submitted that in the instant case the petitioner is entitled to be appointed under the Rehabilitation Assistance Scheme (Annexure-1) formulated by opposite party No.1.

4. Mr. Baidhar Sahoo, learned counsel appearing on behalf of opposite party No.2 referring to the counter affidavit filed on behalf of opposite party No.2 submitted that the father of the petitioner expired on 03.07.2010 while working against Grade VI+A category post in opposite party-Bank. Petitioner has filed representations under Annexure-3 series before opposite party Nos. 1 and 2 under Rehabilitation Assistance Scheme, which is after lapse of more than two years from the date of death of his father. The Human Resource Policy for the Central Cooperative Banks of Odisha incorporating the Staff Service Rules, 2011 (for short, Rules 2011) has been adopted by the opposite party-Bank. Referring to Rule 8 of the Rules, 2011, it was submitted that the petitioner has not applied for service within one year from the death of his father. Therefore, his case cannot be considered in violation of provision of Rule 8 of the Rules, 2011. Annexure-1 filed by the petitioner is not applicable to his case. Opposite party No.2 has never assured the petitioner for providing appointment as stated in paragraph 5 of the writ petition. Though opposite party No.2 has issued letter No. 5676 dated 17.01.2013 to opposite party No.1 no approval has yet been accorded by the statutory authority. Petitioner's case is not covered by the decision of this Court rendered in W.P. (C) No. 7653 of 2013. In that case, petitioner-Sibananda Jena had passed +2 with Diploma qualification and applied for appointment in the opposite party Bank under the Rehabilitation Assistance Scheme within one year from the date of death of his father. He has also filed the Distress Certificate. Therefore, he has been appointed against the post of a Peon.

The other reason given by opposite parties in not considering the case of the petitioner for his appointment under the Rehabilitation Assistance Scheme/Rules, 2011 is tha