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2022 Supreme(Ori) 725

IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K.PANIGRAHI
Basanti Nayak – Appellant
Versus
State of Orissa – Respondent


Advocates Appeared:
For the Appellant : Sameer Kumar Das
For the Respondents: Biplaba Mohanty, H.K. Panigrahi

Table of Content
1. background of the appeal and petitioner's claims. (Para 2 , 3 , 4)
2. arguments about eligibility for compassionate appointment. (Para 6 , 7 , 8)
3. court's analysis on marriage and eligibility. (Para 9 , 10 , 11 , 12)
4. legal ratio on quashing the rejection order. (Para 13 , 14)
5. conclusion allowing the writ petition. (Para 15)

ORDER :

1. This matter is taken up through hybrid mode.

2. The present petition has been filed challenging the order dated 08.04.2008 issued by the Inspector of Schools, Bhadrak Circle, whereby, the Petitioner assails the action of the Opposite Parties in not issuing the appointment order for recruitment to Class-III Non-Teaching Posts under the Rehabilitation Assistance Scheme even though the case of the Petitioner was recommended for appointment by the Director, Secondary Education, Odisha.

3. Shorn of unnecessary details, the substratum of matter presented before this Court remains that the Petitioner’s father while working as a Primary school teacher died in harness on 23.02.2001 leaving behind the widow and two daughters. The Petitioner (married) is the elder daughter and has +2 Arts qualification. Upon the death of her father, the Petiti

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