Back
ORISSA HIGH COURT, CUTTACK
HARISH TANDON, CJ., MURAHARI SRI RAMAN
State of Odisha, Represented through its Principal Secretary, Forest, Environment & Climate Change Department – Appellant
Versus
Saroj Kumar Pradhan, Son of Late Biralaxman Pradhan – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 1 , 2) |
| 2. court's analysis of the situation (Para 3 , 6 , 7) |
| 3. arguments presented by both parties (Para 4 , 5) |
JUDGMENT :
MURAHARI SRI RAMAN, J.
Aggrieved by Order dated 01.02.2024 passed in W.P.(C) No.1887 of 2024 by a learned Single Bench of this Court exercising extraordinary jurisdiction under Articles 226 and 227 of the Constitution of India, the writ appeal has been preferred by the State of Odisha and its functionaries.
Facts:
2. The record reveals that the father of the respondent while working as Forester under Divisional Forest Officer, Ghumsur North Division, Bhanjanagar-appellant No.4 died in harness on 25.03.2015, which led to making an application dated 08.02.2016 under Rule 8 of the Odisha Civil Services (Rehabilitation Assistance) Rules, 1990 (for short, “RA Rules, 1990”) before the competent authority and the respondent applied for the post of Forest Guard/Junior Clerk.
2.1. The appellant No.4 after lapse of four years, vide Letter dated 31.08.2018 taking shelter of Rule 8 of the RA Rules, 1990 as amended by virtue of the Odisha Civil Service (Rehabilitation Assistance) Rules, 2016 [General Administration Department
The court reaffirmed that applications for compassionate appointments must be considered under rules applicable at the time of the deceased's death to avoid undue hardship, overriding newer rules tha....
A son of a deceased government employee is eligible for compassionate appointment under the Odisha RA Rules if the spouse is unfit for work.
Compassionate Appointment – Considering object and purpose of appointment on compassionate grounds, authorities must consider and decide such applications for appointment on compassionate grounds as ....
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 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 ....
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....
Petitioners, eligible for Group C posts under compassionate appointment guidelines, were unlawfully assigned to Group D positions. Court mandated reevaluation based on qualifications, upholding statu....
Compassionate appointment scheme applicable is that prevalent at employee's death date, not later modifications.
The right to consideration for compassionate appointment is governed by the rules in force on the date of death of the employee in harness, and the change in rules affecting the dependant's candidatu....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
