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2023 Supreme(Ori) 182

MURAHARI SRI RAMAN
Balaram Behera – Appellant
Versus
State of Odisha – Respondent


Advocates:
M/s. Sameer Kumar Das, Advocate, S.K. Mishra, P.K. Behera, Advocate, for the Appellant; Mr. Sachidananda Nayak, Additional Standing Counsel, for the Respondent.

JUDGMENT

Murahari Sri Raman, J. -

THE CHALLENGE:

Questioning the propriety of returning the documents (except death and legal heir certificate) enclosed to Letter No.94, dated 28.01.2015 of the Deputy Superintendent, Government Ayurvedic Hospital, Bhubaneswar, who suggested for consideration of appointment of the son of deceased Government employee, died in harness, under the Orissa Civil Service (Rehabilitation Assistance) Rules, 1990 (in short, 'RA Rules'), citing that wife of the deceased Government employee comes first in the order of preference, the petitioner had approached the Orissa Administrative Tribunal, Cuttack Bench, Cuttack by way of filing Original Application under Section 19 of the Administrative Tribunals Act, 1985, which was registered as O.A. No.2513 (C) of 2016, with a prayer to direct the opposite party No.2-Director, AYUSH, Odisha, Bhubaneswar 'to engage the applicant under the Rehabilitation Assistance Scheme of the State Government in any of the available vacancy and to grant all consequential service and financial benefits to him'.

1.1. After abolition of the Orissa Administrative Tribunal by virtue of Ministry of Personnel, Public Grievances and Pensions (Dep

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