Appointment on compassionate grounds must be processed within six months of application to prevent undue hardship, with delays reflecting a failure of duty by authorities.

ORDER :

S.K. PANIGRAHI, J.

1. Both the matters are taken up through hybrid mode.

2. Heard learned counsel for the Petitioners and learned counsel for the Opposite Parties-State.

3. The petitioners have filed these applications challenging the order dated 23.03.2021 of the District Education Officer, Kendrupara- Opp. Party No.4 in rejecting their representations for compassionate appointment under the prevailing Rule when the petitioners had submitted their application pursuant to the order of the High Court for considering their case in the light of the judgment reported in 2015 (11) ILR-CUT-569. The petitioners have also challenged the action of the Opp. Parties in not considering their case for appointment under Rehabilitation Assistance Scheme as per the Orissa Civil Service (Rehabilitation Assistance) Rule1990 although they had submitted their applications along with all necessary documents before the appropriate authority for appointment under Rehabilitation Assistance Scheme as per Rule 1990 due to the harness of their late fathers.

4. Shorn of unnecessary details, the substratum of the matter presented before this Court remain in W.P.(C) No.23682 of 2021 that the petitioner's father Late Bichitra Kumar Parida while working as an Asst. Teacher in Bandhapada Primary School, Bandhapada under BEO, Mahakalpada he expired on 17.10.2012. So after the death of the father of the petitioner, the conditions of the family became very much precarious. So, the petitioner choose to file an application before the competent authority i.e. the then D.I. of Schools, Kendrapara now Block Education Officer, Mahakalpada for a job under the Rule 1990 of Rehabilitation Assistance Scheme after obtaining death certificate and legal heir certificate. The other legal heirs like mother and brother gave their no objection certificate due to medically unfit. The petitioner submitted his application on 12.08.2015 as per the Orissa Civil Service (Rehabilitation Assistance) Rule 1990. Till now the petitioner has not been provided the job so far either as per the Orissa Civil Service (Rehabilitation Assistance) Rule 1990 or Amendment Rule 2016 and he has been waiting since his application and the family members are still in distress conditions.

5. So far as the petitioner in W.P.(C) No.23683 of 2021 is concerned, the petitioner's father Late Bipin Bihari Sahoo while working as an Asst. Teacher in Lalita Kumari Bidyapitha, Maliancha, he expired on 16.12.2014. After the death of the father of the petitioner, the financial conditions of the family became very much precarious. So, the petitioner choose to file an application before the competent authority i.e. the then D.I. of Schools, Kendrapara now Block Education Officer, Mahakalpada for a job under the Rule 1990 of Rehabilitation Assistance Scheme after obtaining death certificate and legal heir certificate. The other legal heirs like mother and brother consented to give their no objection certificate due to medical reasons. The petitioner submitted the application on 18.02.2015 as per the Orissa Civil Service (Rehabilitation Assistance) Rule 1990. Till now the petitioner has not been provided the job, either under the Orissa Civil Service (Rehabilitation Assistance) Rule 1990 or Amendment Rule 2016. He has been waiting the decision in his application since his family members are still in financially distress condition. Therefore, both the petitioners filed the aforesaid Writ Petitions having not found any efficacious remedies.

6. Learned Counsel for the petitioners submits that the Opp. Party No.2 did n