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IN THE HIGH COURT OF ORISSA AT CUTTACK
MANASH RANJAN PATHAK, SIBO SANKAR MISHRA
Karan Karal – Appellant
Versus
Learned District And Sessions Judge – Respondent
| Table of Content |
|---|
| 1. petitioner's father died; application filed late. (Para 1) |
| 2. petitioner argues improper rejection reasons. (Para 2 , 3 , 4 , 5) |
| 3. court considers applicability of amended rules. (Para 6 , 7 , 8) |
| 4. reconsideration of petitioner's case required. (Para 9) |
| 5. petitioner directed to apply under new rules. (Para 10 , 11) |
JUDGMENT :
S.S. Mishra, J.
The petitioner’s late father Saroj Kumar Karal, who was working as Sheristadar in the Civil Court, Jharsuguda and he expired on 27.01.2016. The present petitioner filed an application seeking appointment under the Rehabilitation Assistance Scheme on 21.08.2018. The committee constituted under the Odisha Civil Service (Rehabilitation Assistance) Amendment Rules, 2016 examined the case of the petitioner and on evaluation, awarded 55 points out of 100 points. The committee was of the view that the application filed by the petitioner suffers a delay of 2 years, 7 months of the death of his father. As per sub-rule (6) of Rule-9 of the Orissa Civil Service (Rehabilitation Assistance) Rules, 1990, the application ought to have been filed within one year from the date of death of the Government servant. In the exceptional cases, the limi
The court underscored the need for re-evaluating rehabilitation assistance applications under amended provisions, ensuring that procedural delays do not infringe on applicants' rights, particularly f....
The court upheld the High Court's directive for considering applicants under the 1990 rules, emphasizing that applicants have no vested right to retrospective appointment under the rehabilitation sch....
The court established that administrative delays in processing applications for compassionate appointments violate the principles of timely assistance, reinforcing applicants' entitlements even amids....
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.
Court directs timely appointment under amended rules for compassionate grounds based on government recommendations, emphasizing proper administrative procedure.
The main legal point established in the judgment is that the consideration of a claim under a scheme should be based on the rules prevalent at the time of the event (in this case, the death of the de....
The court reaffirmed that applications for compassionate appointments must be considered under rules applicable at the time of the deceased's death to avoid undue hardship, overriding newer rules tha....
The main legal point established in the judgment is that the O.C.S.(R.A.), Rules, 1990 did not restrict rehabilitation assistance employment only in favor of the spouse when family members consisted ....
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