Compassionate appointment under the Odisha Civil Service Rules is only available to unmarried daughters, and delay in application processing does not confer eligibility if marital status changes.

JUDGMENT :

SASHIKANTA MISHRA, J.

The petitioner’s father, while serving as Hindi Teacher in Balabihari Bidyapitha, Mahal in the district of Kendrapara died on 13.05.2010. The petitioner being one of his daughters applied for appointment under OCS (Rehabilitation Assistance Rules, 1999). The said application was forwarded to the Inspector of Schools Kendrapara. The Tahasildar, Garadpur vide letter dated 27.09.2013 issued distress certificate. In the meantime, the petitioner got married on 23.06.2012. Since no action was taken in the matter she submitted representation to the Collector, Kendrapara. By letter dated 27.03.2014, the District Education Officer, Kendrapara informed the petitioner that her application for issue of distress certificate has been returned with objection that she is the married daughter of the deceased employee and hence, not eligible to be covered under the R.A. scheme. The petitioner thereafter met the Collector in his grievance cell and submitted representation mainly contending that she was unmarried at the time of submitting application. Further, by order dated 25.07.2015, the District Education Officer, Kendrapara sought clarification from the Director of Secondary Education in this regard. Since no action was taken thereafter, the petitioner approached this Court in the present writ application with the following prayer:

It is prayed therefore that this Hon’ble Court may be graciously pleased;

It is prayed therefore that this Hon’ble Court may be graciously pleased;

i) Admit the writ application,

ii) Call for the records,

iii) Issue RULE NISI calling upon the opp. parties to show cause as to why the order of the D.E.O dated 27.03.2014 under Annexure-6 shall be quashed and they shall not be directed to give appointment to the petitioner under Rehabilitation Assistance Scheme within a time to be stipulated by this Hon’ble Court,

And if the Opp. Parties do not show cause or show insufficient cause, quash the order dated 27.03.2014 (Annexure-6) and issue a necessary direction to the opp.parties to give appointment to the petitioner within a time to the stipulated by the Hon’ble Court,

And further be pleased to pass any other appropriate order/direction as this Hon’ble court may deem fit and proper for the ends of justice,

And for which act of kindness, the petitioner shall as in duty bound ever pray

2. A counter affidavit has been filed by the District Education Officer. Referring to the provisions of OCS (R.A.) Rules, 1990 it is stated that the petitioner being married daughter of the deceased employee is not eligible for compassionate appointment.

The petitioner filed a rejoinder stating that at the time of submitting application, she was unmarried but because of delay in consideration of her application she was ultimately denied the benefit as she had married in the meantime. Therefore, the relevant rule cannot be made applicable to her case.

3. Heard Mr. Amiya Kumar Mohanty, learned counsel for the petitioner and Mr. D. Mohapatra learned Standing counsel (S & M.E. Department).

4. Mr. Mohanty, has argued that admittedly the father of the petitioner died in harness leaving behind his wife, a son, a married daughter and the petitioner. The petitioner was unmarried. Therefore, she submitted application for appointment under the Rules on 10.08.2010. However, the authority took a long time to process her application and furnished the distress certificate only on 27.09.2013. In the meantime, the petitioner had got married. Therefore, the delay in processing her application cannot lead to rejection of her application which is completely unjustified. 5. Mr. Mohapatra, on the other hand has argu