IMPORTANT POINT
The court established that the unfitness of the first legal heir for employment does not disqualify the second legal heir from being considered for compassionate appointment under the Rehabilitation Assistance Rules, emphasizing the humanitarian intent behind such provisions.

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 (Department of Personnel and Training) Notification F. No. A-11014/10/2015-AT [G.S.R.552(E).], dated 2nd August, 2019), the said case having been transferred to this Court, O.A. No. 2513 (C) of 2016 has been re-registered as WPC (OAC) No.2513 of 2016.

THE FACTS:

2. The factual matrix as adumbrated by the petitioner reveals that father of the petitioner, Late Mukunda Behera, who was working as cook in Government Ayurvedic Hospital, Bhubaneswar, having joined on 06.05.1977, died in harness on 08.10.2014 leaving behind wife, two sons and one daughter.

2.1. The first legal heir, namely, Smt. Pramila Behera, mother of the petitioner, though comes first in order of preference as per Rule 2(b) of the RA Rules, was found to be suffering from 'Hypertension with poly arthritis'. Since the physician advised rest due to ill-health, the Establishment Officer, Directorate of AYUSH by Letter bearing No.5951-OE-I(a)-5/2015/AYUSH, dated 27.06.2015 requested the Chief District Medical Officer, Khordha for convening Medical Board 'for examination of health condition of Smt. Behera and report findings of the Board to this Directorate for further action'.

2.2. Accordingly, on the request vide Letter No.6767, dated 25.07.2015 of the Chief District Medical Officer, Khordha, the District Medical Board being constituted comprising Specialist in Orthopaedic, Specialist in Opthalmology and Specialist in Medicine, the following report was submitted on 05.08.2015:

'Medical Board examination of Smt. Pramila Behera, W/o. Late Dasarathi Behera on dated 05.08.2015 as per the CDMO, Khordha Letter No.6767 dated 25.07.2015.

On examination and verification of treatment papers of Smt. Pramila Behera, it is found that she is suffering from Hypertension with poly arthritis. She is unable to walk properly. So she is unfit for the Govt. job.'

2.3. Since mother was found to be unfit for undertaking Government job, the petitioner, unmarried son, applied for engagement under the RA Rules, 1990, as his elder married brother and married sister expressed their unwillingness to undertake employment. Accordingly, they have sworn to affidavits indicating 'no objection' in case the petitioner is given employment under the said Rules.

2.4. In consideration of the application for engagement, the Deputy Superintendent, Government Ayurvedic Hospital, Bhubaneswar forwarded necessary documents including affidavits showing no objection by mother, brother and sister along with such application form to the Director of AYUSH, Odisha, Bhubaneswar for consideration of appointment of the petitioner. However, the Directorate of AYUSH, Odisha, Bhubaneswar vide Letter No. 3594- OE.I.(a).V.5/2015/AYUSH, dated 23.03.2015 (Annexure- 5) has returned the documents (except death and legal heir certificate) to the Deputy Superintend