PRAKASH CHANDRA NAYAK Vs. STATE OF ODISHA

JUDGEMENT

(1.) This writ petition involves the following prayer :-

(2.) Undisputed fact involves death of the deceased employee taken place on 9.1.2014. Finding harness and the sole bread-earner dying in the family, the Petitioner being the only son put up an application for rehabilitation assistance appointment on 3.6.2014 appearing at Annexure-3. Further undisputed fact remains vide Annexure-4, on 3.3.2015 the Executive Engineer, Nimapara Irrigation Division forwarded the application of the Petitioner for consideration for rehabilitation assistance appointment. There also remains vide Annexure-5, there is already a recommendation in favour of the Petitioner by the competent authority for providing appointment since 25.3.2015.

(3.) Taking this Court to the rejection order at Annexure-9, Sri P.K.Mishra, learned counsel for the Petitioner contended that there being no restriction to provide appointment under Rehabilitation Assistance Rules, 1990 to any of the family members requiring simply a no objection from the other legal heirs, rejection of the request of the Petitioner on the premises that in the availability of spouse in absence of valid reason, there is no scope for providing employment under such Scheme to anybody other than the spouse becomes bad. It is in this view of the matter, Sri Mishra prayed for setting aside the order at Annexure-9 and issuing suitable direction.