Married daughters of deceased Government servants are entitled to be considered for appointment under the Odisha Civil Service (Rehabilitation Assistance) Rules, 1990, if they fulfill the requirement of being dependent on the deceased Government servant at the time of his demise.

JUDGMENT

Murahari Sri Raman J. - Aggrieved by the return of the proposal of the Chief District Veterinary Officer, Angul-opposite party No.4 for consideration of appointment of Smt. Bhanuprava Garnaik-petitioner under the Odisha Civil Service (Rehabilitation Assistance) Rules, 1990, (hereinafter referred to as 'RA Rules') by the Additional District Magistrate, Angul-opposite party No.3 vide Letter dated 18.03.2016 (Annexure-4), the petitioner has approached the Odisha Administrative Tribunal, Cuttack Bench, Cuttack by way of Original Application filed under Section 19 of the Administrative Tribunals Act, 1985, wherein following relief(s) is prayed for:

'7.1 That the order dated 18.03.2016 (Annexure-4) be quashed.

7.2. That direction be issued to the respondents particularly respondent No.4 to provide an appointment under rehabilitation assistance scheme to the applicant No.2

7.3. And further be pleased to pass any order/order(s) as deemed fit and proper to give complete relief to the applicant.

***' 

1.1. Since both the mother-Sulochana Garnaik and the daughter-Bhanuprava Garnaik filed the Original Application, realizing that Bhanuprava Garnaik applied for consideration of appointment on compassionate ground under the RA Rules, the learned counsel prayed before the Odisha Administrative Tribunal for deletion of the name of Sulochana Garnaik. Accordingly, the learned Odisha Administrative Tribunal passed the following Order on 16.06.2016: 

'*** Learned counsel for the applicant submitted that as the application filed by Applicant No.2 for appointment under the OCS (Rehabilitation Assistance) Rules, 1990 was rejected, she has approached this Tribunal. Hence the OA be confined to Applicant No.2 only and the name of Applicant No.1 be deleted.

In view of such submission, name of Applicant No.1 is deleted and the OA is confined to Applicant No.2 only as the sole Applicant. Provisional petition is disposed of and the case be registered as OA.

Issue notice on admission.

Counter be filed within four weeks and rejoinder, if any, be filed within two weeks thereafter.

List this matter after six weeks.' 

1.2. After the abolition of the Odisha Administrative Tribunal vide Notification F.No.A-11014/1-/2015-AT [GSR 552(E)], dated 02.08.2019, issued by the Central Government in Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training), the Original Application, as transferred to this Court, is converted to writ petition and renumbered as WPC (OAC) No.4231 of 2016. 

1.3. Though six years have been elapsed from the date of aforesaid order of the learned Tribunal, no counter is forthcoming from the opposite parties. Since this matter is of the year 2016 and relates to consideration of application for appointment under the RA Rules, this matter is taken up for hearing and final disposal based on the material available on record on the consent of the counsel for the respective parties.

The Writ Petition being WPC (OAC) No.4231 of 2016:

2. It is the case of the petitioner(s) that Khitish Chandra Garnaik, while working as Veterinary Attendant under the opposite party No.4 died in a road accident on 09.03.2015 and left behind wife and two daughters. Since he was the sole bread earner for the family, his wife-Sulochana Garnaik applied for an appointment under the RA Rules. She was directed to appear before the Medical Board on 15.12.2015. The District Medical Board examined her and opined that she was in bad state of health and found to be medically unfit for undertaking service. Therefore, the elder daughter, namely Bhanuprava Garnaik applied for consideration of her appointment under the provisions of the RA Rules after taking consent from the other daughter namely Rudrani Garnaik.

2.1. Though the opposite party No.4-the Chief District Veterinary Officer, Angul sent proposal for appointment of the petitioner-Bhanuprava Garnaik, the opposite party No.3-the Additional District Magistrate, Angul turned down such proposal on the plea