The main legal point established in the judgment is the purpose of compassionate appointments to mitigate hardship for the deceased employee's family and the entitlement to consequential benefits for the dependant.

JUDGMENT

B.R. Sarangi, J. - The petitioner, by means of this writ petition, seeks to quash the order dated 27.11.2004 under Annexure-8, by which the joining report of the petitioner received on 23.11.2004, has not been accepted, and to issue direction to the opposite parties to allow her to work as Jr. Diarist by accepting her joining report and grant all consequential service benefits.

2. The factual matrix of the case, in brief, is that the husband of the petitioner Late Godabarish Pati, who was working as a Junior Clerk in the office of the D.F.O., Plantation Division, Berhampur, died prematurely on 13.03.2000, while in service, leaving behind his old mother, wife and two children. As the family members faced acute hardship, the petitioner applied for compassionate appointment as per the provisions of Orissa Civil Service (Rehabilitation Assistance) Rules, 1990, but the same was not considered by the Conservator of Forest. Consequentially, she filed representation before the Chief Conservator of Forests, Orissa, Bhubaneswar, who directed for production of vacancy position. In compliance of the same, the Conservator of Forests, vide letter dated 10.06.2003, informed the Principal, Chief Conservator Forests that one Lalmohan Panigrahi, Junior Diarist has already been retired from service on 31.05.2003 and the said post is lying vacant w.e.f. 01.06.2003. But prior to such vacancy, there were other vacancies available, which fact was not brought to the notice of the Principal, Conservator of Forests, Bhubaneswar. However, the Principal, Conservator of Forests, vide letter dated 03.07.2003, requested the State Government for issuance of necessary instructions for appointment of the petitioner under rehabilitation assistance rules. In the said letter, it was pointed out that a post of Jr. Diarist has fallen vacant w.e.f. 01.06.2003 due to superannuation of Lalmohan Panigrahi on 31.05.2003. As a consequence thereof, on 28.10.2003, the matter was placed before the Finance Department for grant of permission for appointment of the petitioner. Accordingly, appointment order was issued in favour of the petitioner on 17.11.2004.

2.1 Prior to issuance of appointment order in favour of the petitioner on 17.11.2004, one Bhagwan Mohanty, who is continuing in class-IV post, filed an original application bearing O.A. No.1276 of 2004 before the Orissa Administrative Tribunal, Bhubaneswar claiming the post in which the petitioner was appointed contending that Jr. Diarist post is a promotional post and he, being the senior most in class-IV post, should be given promotion by holding DPC. The tribunal, vide order dated 11.11.2004, disposed of the said original application and sent the paper book to the State authorities with the direction to consider the grievance of said Bhagawan Mohanty for promotion to the rank of Jr. Diarist within a period of two months. By the time the order of appointment dated 17.11.2004 was issued in favour of the petitioner, the order dated 11.11.2004 passed by the tribunal had not been communicated. But, when the petitioner submitted her joining report on 23.11.2004, since by then the order of the tribunal was received by the authority, her joining report was not accepted and accordingly a communication to that effect was made vide letter dated 27.11.2004 under Annexure-8, challenging which the petitioner filed O.A. No. 234 (C) of 2005 before the Orissa Administrative Tribunal, Cuttack Bench, Cuttack. But, on abolition of the said tribunal, O.A. No. 234 (C) of 2005 has been transferred to this Court, in pursuance of order dated 19.11.2020 passed by a Division Bench of this Court in W.P.(C) No. 10157 of 2020 and registered as above.

3. Mr. S. Behera, learned counsel for the petitioner contended that in the order dated 11.11.2004 passed by the tribunal in O.A. No.1276 of 2004 only direction was issued to the Conservator Forests to consider the case of Bhagwan Mohanty for promotion to the post of Jr. Diarist considering the p