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IN THE HIGH COURT OF ORISSA AT CUTTACK
Mruganka Sekhar Sahoo, J.
Minati Sahoo – Petitioner
Versus
State of Orissa and others – Opposite Parties
WPC (OAC) No.4096 of 2013
Decided On : 27-07-2022
Rehabilitation Assistance Scheme - Daughter's Appointment - Orissa Civil Services (Rehabilitation Assistance) Rules,1990 - Rule 2(b), W.P.(C) No.28966 of 2011 - Urbashi Sahoo v. State - 2022(II) CLR 64, Bibhuti Bhusan Patnaik v. State of Orissa - 2017 (II) ILR-cut-896
Fact of the Case:
The petitioner filed a writ petition challenging the rejection of her application for appointment under the Rehabilitation Assistance Scheme after the death of her father, who was a government employee. The rejection was based solely on the ground that she was the married daughter of the deceased employee.
Finding of the Court:
The court found that the rejection of the petitioner's candidature solely on the basis of her being a married daughter was untenable, especially in light of the decision in Urbashi Sahoo v. State of Orissa and another. The court set aside the rejection order and directed the authorities to consider the petitioner's appointment under the Rehabilitation Assistance Scheme.
Issues: The main issue was whether the rejection of the petitioner's candidature for appointment under the Rehabilitation Assistance Scheme solely on the basis of her being a married daughter was justified under the Orissa Civil Services (Rehabilitation Assistance) Rules,1990.
Ratio Decidendi: The court held that the daughter of a deceased employee cannot be denied employment under the Rehabilitation Assistance Scheme solely on the ground that the rules provide for the employment of the wife of the deceased employee or son. The court relied on the decision in Urbashi Sahoo v. State of Orissa and another and Bibhuti Bhusan Patnaik v. State of Orissa to support this finding.
Final Decision: The court allowed the writ petition, set aside the rejection order, and directed the authorities to consider the petitioner's appointment under the Rehabilitation Assistance Scheme. The court also emphasized that the petitioner's age should not be a factor in considering her for a suitable job under the scheme, given the prolonged litigation.
JUDGMENT :
M.S. SAHOO, J.
The writ petition has been filed by the petitioner challenging the order dated 27.09.2012, passed by the Deputy Secretary to Government, Home Department-opposite under Annexure-14, rejecting her application for appointment under Rehabilitation Assistance Scheme after death of her father while he was working under the Government under the provisions of Orissa Civil Services (Rehabilitation Assistance) Rules,1990.
2. In the present case, after the father of the petitioner Sri Nrusingh Charan Sahoo, passed away on 15.02.2006 while working as Havildar Major of Orissa State Armed Police (OSAP), OSAP 4th Bn., Rourkela, the application was filed by the petitioner on 02.06.2006. The same was sent to the Collector, Dhenkanal vide office letter no.4292/E dated 21.08.2006 from the OSAP 4th Bn., Headquarter, Rourkela to furnish distress certificate. The Collector, Sundargarh vide letter no.790/Esstt. dated 19.04.2008 furnished the annual income of the family to be Rs.1000/-and also intimated the family pension per annum received by the wife of the deceased employee (mother of the petitioner) to be Rs.4524/-x 12 + 1000/-making it total of Rs.55288/-which is below the ceiling limit of Rs.60,000/-fixed by the Government for being considered for appointment under the provisions of Rehabilitation Assistance Scheme/Rules.
3. The Government accorded sanction by letter of Home Department, letter no.56174 dated 14.12.2009 intimating the DG & IG of Police, Orissa, Cuttack for filling up of vacancies in the rank of Junior Assistants /Junior Clerks under Rehabilitation Assistance Scheme, i.e., to be granted to the petitioner.
4. The State Police Headquarters by letter no.22118 dated 20.04.2010 intimated the petitioner regarding the documents required to be produced by her for getting appointment under Rehabilitation Assistance Scheme.
5. The matter remained in a kind of flux till it was rejected in 2012, i.e., evident from Annexure-14 as well as Annexure-17.
6. It is submitted by the learned counsel for the petitioner referring to the averments made in the original application as well as the counter dated 01.11.2016 filed by the AIG of police, office of DG & IG of police on behalf of the State-respondents that the only ground of rejection of the candidature of the applicant-petitioner was that she is the married daughter of the deceased-employee.
It is further submitted that the authorities have ascribed no other reason other than the factum of the petitioner getting married for rejecting her Rehabilitation Assistance appointment after the Government, Home Department by office letter no.56174 dated 14.12.2009 (Annexure-4) has accorded permission for such appointment.
Learned counsel for the petitioner further relies on the decision of Division Bench of this Court dated 11.08.2021 passed in W.P.(C) No.28966 of 2011: Urbashi Sahoo v. State to contend that marriage of a daughter cannot disentitle her to get benefit of the appointment under Rehabilitation Assistance Scheme.
7. On 23.03.2022 after hearing the learned counsel for the parties, the following order was passed:
On perusal of the available order-sheets of the learned Tribunal, it is found that the matter was never taken up after 16.01.2017.
It is submitted by the learned counsel for the petitioner referring to the averments made in the original application as well as the counter dated 01.11.2016 filed by the AIG of police, office of DG & IG of police on behalf of the State-respondents that the only ground of rejection of the candidature of the applicant-petitioner was that she is the married daughter of the deceased-employee.
It is further submitted that the authorities have ascribed no other reason other than the factum of the petitioner getting married for rejecting her Rehabilitation As
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