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2009 Supreme(Ori) 490

B.S.CHAUHAN, B.N.MAHAPATRA
JYOTI RANJAN BEHERA – Appellant
Versus
DISTRICT AND SESSIONS JUDGE – Respondent


Advocates Appeared:
S.B. Jena, R.C. Ray, S. Behera and S.S. Mohapatra, for the Appellant; P.K. Khuntia, Additional Government Advocate, for the Respondent

JUDGMENT :

B.S. Chauhan, C.J. - This writ petition has been filed seeking a direction to the Respondents appoint Petitioner clerk on the to as a compassionate ground as he has been wrongly appointed as a peon.

2. The facts and circumstances giving rise to the case are that the Petitioner's father while working as a Junior Clerk in the District Civil Court, Dhenkanal died in harness on 7.9.2001 leaving behind his widow and two children. After attaining the majority and acquiring the qualification, Petitioner applied for compassionate employment and he was offered appointment as Malkahana Peon under Class IV category vide order dated 21.1.2005. The Petitioner joined the said post and at present working in the Court of S.D.J.M., Kamakhyanagar. Petitioner claims that he should have been offered the appointment on the post of Clerk i.e. according to his qualification as he has completed + 2 course and in the meantime prosecuting +3 course privately. As his representation for the said claim remained pending, he preferred W.P.(C) No. 8531 of 2005 before this Court which was disposed of vide judgment and order dated 13.2.2006 with a direction to the learned District Judge to consider and dec













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