IN THE HIGH COURT OF ORISSA AT CUTTACK
BIRAJA PRASANNA SATAPATHY
Dhaneswar Mahanta – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. timeliness of application submission (Para 3 , 4) |
| 2. counterarguments supporting the rejection of claims (Para 5 , 6) |
| 3. court's finding on application basis and processing (Para 7) |
JUDGMENT :
BIRAJA PRASANNA SATAPATHY, J.
1. This matter is taken up through Hybrid Mode.
2. Heard learned counsel appearing for the parties.
3. The present Writ Petition has been filed inter alia challenging order dt.28.08.2023 so passed by Opp. Party No.2 under Annexure-11. Vide the said order, claim of the Petitioner to get the benefit of appointment under the provisions of Rehabilitation Assistance Scheme was rejected.
4. It is the case of the Petitioner that, Petitioner’s father while working in the establishment of Tahasildar, Champua-Opp. Party No.3, he died on 27.10.2010, so available under Annexure-2. After such death of the deceased employee, wife of the deceased employee made the application in the prescribed format to get the benefit of appointment on 25.02.2011 under Annexure-4.
4.1. It is contended that such application filed by the mother of the Petitioner was not only entertained but also processed. But pursuant to the letter issued by Opp. Party No.3 on 26.03.2012 under Annexu
Rejection of claims under Rehabilitation Assistance Scheme based on technicalities rather than substantive merits violates principles of fair and sympathetic consideration.
The rejection of the petitioner's claim for appointment under the Rehabilitation Assistance Scheme was not sustainable in view of the reported decision of the court and the relevant legal provisions.
The main legal point established in the judgment is that the consideration of a claim under a scheme should be based on the rules prevalent at the time of the event (in this case, the death of the de....
The application should be considered under the rules in existence at the time of application, and subsequent rules should not be applied retroactively.
The court emphasized the eligibility of unmarried daughters as 'Family Members' under the Rehabilitation Assistance Scheme, and the requirement to consider the relevant rules at the time of the emplo....
The main legal point established in the judgment is that the O.C.S.(R.A.), Rules, 1990 did not restrict rehabilitation assistance employment only in favor of the spouse when family members consisted ....
The duty of the respondent authorities to interpret and apply the die-in-harness scheme correctly, consider compassionate appointments in a timely manner, and obey court orders.
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 ....
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