A son of a deceased government employee is eligible for compassionate appointment under the Odisha RA Rules if the spouse is unfit for work.

JUDGMENT :

MURAHARI SRI RAMAN, J.

THE CHALLENGE BY THE PETITIONER

1. Challenging the propriety and legality of decision rejecting the application for consideration of appointment under the provisions of the Odisha Civil Services (Rehabilitation Assistance) Rules, 1990 communicated vide Letter No. PRE(N) 17/2015 (Pt.)— 5864/Com., dated 30.10.2015 of the Under Secretary to Government of Odisha in Commerce and Transport (Commerce) Department as at Annexure-7 and Letter No. Estt. Sec-1, 59/2014— 3112/PSP, dated 19.11.2015 issued by Director, Directorate of Printing, Stationery & Publication, Odisha, Madhupatna, Cuttack (Annexure-8), the petitioner, son of the deceased Government employee, came up before the Odisha Administrative Tribunal, Cuttack Bench, Cuttack by way of filing application invoking provisions of Section 19 of the Administrative Tribunals Act, 1985, registered as O.A.No.4126 (C) of 2016.

1.1. After abolition of the Odisha Administrative Tribunal by virtue of Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) Notification F. No. A-11014/10/2015-AT [G.S.R.552(E).], dated 2^nd August, 2019), the said case having been transferred to this Court, O.A. No. 4126 (C) of 2016 has been re-registered as WPC (OAC) No. 4126 of 2016.

FACTS AS ADUMBRATED BY THE PETITIONERS

2. The petitioner, on the death of his father, died in harness on 16.12.2012 while working as driver in the Office of Director, Printing, Stationery & Publication, Odisha, made an application on 26.03.2013 for consideration of appointment under the Odisha Civil Services (Rehabilitation Assistance) Rules, 1990 (for brevity, “RA Rules”), for Smt. Santilata Ghadei, the wife of the deceased employee, Late Dilip Kumar Ghadei, was found unfit to undertake Government job certified by the Standing Medical Board convened on 01.10.2013 vide Letter No. 6358, Berhampur, dated 03.10.2013 issued by the Chief District Medical Officer, Ganjam, Berhampur (Annexure-3 series).

2.1. The Director, Directorate of Printing, Stationery and Publication, Odisha vide Memo No.1854, dated 28.03.2014 having requested the Collector, Cuttack to submit report regarding the financial status of the petitioner, after due enquiry being conducted, distress certificate in favour of the petitioner was furnished to the opposite party No.2-Director vide Letter No.2747/Gen. &Misc., dated 05.08.2014.

2.2. The said report along with other necessary and relevant documents being sent to the Government, the application for appointment under the RA Rules came to be rejected on 30.10.2015 by the Government of Odisha in Commerce & Transport (Commerce) Department citing that the claim is contradictory to the provisions of Rule 2(b) of RA Rules, as the mother of the petitioner is still alive/available for appointment.

2.3. Questioning the legal sanctity of decision taken to reject the application and asserting that such decision is beyond the weight of evidence on record, the petitioner moved the learned Odisha Administrative Tribunal, Cuttack Bench, Cuttack for ventilation of grievance under Section 19 of the Administrative Tribunals Act, 1985, which has travelled to this Court for final adjudication.

REPLIES OF THE OPPOSITE PARTIES TO THE CONTENTS OF THE WRIT PETITION

3. Having admitted the fact of Standing Medical Board declared Smt. Santilata Ghadei, mother of the petitioner unfit to undertake Gover