‘Family not in distress’, HC rejects claim for compassionate job | Bhubaneswar News
Cuttack: Orissa high court has dismissed a plea seeking compassionate appointment by observing that a long time has passed since the employee’s death and the family is not in distress.
Justice Raman gave the ruling in the case of Prabira Kumar Dash, whose father, Bhagirathi Dash, died while working as sub-divisional manager, Odisha Forest Development Corporation (OFDC), on May 21, 2004. He is survived by his wife, three daughters and two sons.
Justice M S Raman ruled, “If the family survives the financial stringency over the years and no longer faces an acute financial crisis, the rationale for compassionate appointment becomes invalid.”
“In the present case, since the death of the employee (Prabira’s father), a substantial period of 20 years has elapsed and his family has survived. There is also no material placed on record to suggest that financial difficulties have been ongoing,” Justice Raman observed in his Jan 9 judgment.
According to records, Prabira’s mother submitted a representation for consideration of her son’s appointment as per the rehabilitation assistance scheme under the Odisha Civil Services (Rehabilitation Assistance) Rules, 1990, on Sept 3, 2005.
Prabira followed it up with a representation on Dec 10, 2008, when there was no response to his mother’s plea. OFDC authorities rejected Prabira’s claim on Nov 25, 2022, and considered the mother’s representation after the court’s intervention. Subsequently, Prabira moved the court again when his mother’s representation was rejected on Nov 28, 2022.
Justice Raman said, “The matter would have been different had it been demonstrated with evidence that due to bureaucratic hurdles or policy restrictions (such as a ban on employment notwithstanding provisions contained in the Rules), the family is in distress.”
While rejecting the mother’s representation, OFDC’s managing director stated in the Nov 2022 order that “the ban on recruitment under the rehabilitation assistance scheme imposed by the state govt has not yet been lifted” and more than 123 such applications are pending consideration.
No vacancy is available now for the petitioner to be accommodated along with such a huge number of applications which are pending consideration, it was also stated.
Justice Raman gave the ruling in the case of Prabira Kumar Dash, whose father, Bhagirathi Dash, died while working as sub-divisional manager, Odisha Forest Development Corporation (OFDC), on May 21, 2004. He is survived by his wife, three daughters and two sons.
Justice M S Raman ruled, “If the family survives the financial stringency over the years and no longer faces an acute financial crisis, the rationale for compassionate appointment becomes invalid.”
“In the present case, since the death of the employee (Prabira’s father), a substantial period of 20 years has elapsed and his family has survived. There is also no material placed on record to suggest that financial difficulties have been ongoing,” Justice Raman observed in his Jan 9 judgment.
According to records, Prabira’s mother submitted a representation for consideration of her son’s appointment as per the rehabilitation assistance scheme under the Odisha Civil Services (Rehabilitation Assistance) Rules, 1990, on Sept 3, 2005.
Prabira followed it up with a representation on Dec 10, 2008, when there was no response to his mother’s plea. OFDC authorities rejected Prabira’s claim on Nov 25, 2022, and considered the mother’s representation after the court’s intervention. Subsequently, Prabira moved the court again when his mother’s representation was rejected on Nov 28, 2022.
Justice Raman said, “The matter would have been different had it been demonstrated with evidence that due to bureaucratic hurdles or policy restrictions (such as a ban on employment notwithstanding provisions contained in the Rules), the family is in distress.”
While rejecting the mother’s representation, OFDC’s managing director stated in the Nov 2022 order that “the ban on recruitment under the rehabilitation assistance scheme imposed by the state govt has not yet been lifted” and more than 123 such applications are pending consideration.
No vacancy is available now for the petitioner to be accommodated along with such a huge number of applications which are pending consideration, it was also stated.
