Legally divorced daughters qualify as 'family members' under the amended Rehabilitation Rules, ensuring entitlement to compassionate appointment is based on current eligibility norms.

JUDGMENT :

S.K. MISHRA, J.

1. The Petitioner, who is the daughter of late Golekh Chandra Das, who died while working as a Class-IV employee under the Cuttack Municipal Corporation (CMC), Cuttack, on 8^th March, 2002, has filed this Writ Petition with a prayer to quash the Order dated 25th April, 2015, vide which her representation for appointment under the Rehabilitation Scheme was rejected and to direct the Opposite Parties to give her appointment under the Rehabilitation Scheme or on compassionate ground to save her life, so also life of her ailing mother.

2. Admittedly, because of non-consideration of the case of the Petitioner, she approached this Court in W.P.(C) No.18074 of 2014, which was disposed of at the stage of admission on 20^th October, 2014 directing the Opposite Party No.3- Corporation to consider the representation of the Petitioner. On being so directed, the Opposite Party No.3 rejected the representation of the Petitioner dated 13^th March, 2014 by Order dated 25th April, 2015 on the ground that the Petitioner, being a divorced daughter, is not coming under the category of “family member” of the deceased employee and it is not possible to accede to the request made by the Petitioner.

3. Learned Counsel for the Petitioner files the Notification dated 17^th February, 2020, vide which the Odisha Civil Service (Rehabilitation Assistance) Rules, 2020, shortly, the Rules, 2020, was brought into force in exercise of power conferred by the proviso to Article 309 of the Constitution of India. She submits that sub-Rule (d) of Rule (2) under the said Rules, 2020 defines ‘family members’ means and include the legally divorced daughter also. For ready reference, relevant portion of Rule (2) of the said Notification dated 17th February, 2020 is extracted below:

2. Definitions:- (1) In these rules, unless the context otherwise requires-

(a) xxx

(b) xxx

(c) xxx

(d) “family members” means and include the following members,-

(i) Spouse of the deceased Government servant.

(ii) Sons or step sons or sons legally adopted through a registered deed executed before the death of the Government servant.

(iii) Un-married daughters and Un-married step daughters.

(iv) Widowed daughters or daughters-in-law residing permanently with the family of the deceased Government employee.

(v) Legally divorced daughter

(e) xxx

(f) xxx

(g) xxx

(h) xxx

(i) xxx

(j) xxx”

(Emphasis supplied)

4. Learned Counsel for the Petitioner submits that in terms of the said amendment Rules, 2020, which is in vogue, Petitioner is entitled for appointment under the Odisha Civil Service (Rehabilitation Assistance) Rules, 2020. She fairly admits that at the relevant time of filing application, the status of the Petitioner was “legally divorced daughter” as her client was legally divorced by her husband vide judgment dated 24^th February, 2014 passed by the learned Judge, Family Court, Cuttack, in Civil Proceeding No.721 of 2011, which has been annexed to the Writ Petition as Annexure-5. She further submits that in view of the recent ruling of the apex Court, her client’s case deserves to be considered in terms of the Orissa Civil Services (Rehabilitation Assistance) Rules, 2020. To substantiate her submission, Ms. Kasturi, learned Counsel for the Petitioner relies on the judgment of the apex Court in the case of N.C. Santhosh v. State of Kartnataka & Ors., reported in (2020) 7 SCC 617 .

5. In response to the said argument advanced by Ms. Kasturi