PARBATI MALLICK Vs. STATE OF ORISSA

JUDGEMENT

(1.) 11.09.2012 - Heard the learned counsel for the applicant and the learned Govt. Advocate.

(2.) THE applicant's husband Laxmikant Mallick died on 19.12.2005 while serving as a Chairman under respondent No. 4 in the job contract establishment. After her husband's death the applicant made an application to the respondents on 21.7.2006 at Annx. -6 praying for appointment under the Rehabilitation Assistance Rules. Her application was, however, repeatedly rejected by the respondents under their letters dtd. 18.8.2006 at Annexure -7, dtd. 11.9.2006 at Annexure -8 and dtd. 24.10.2006 at Annexure -9. The ground of rejection was that there was no provision under the Rules to extend the benefit of Rehabilitation Assistance Scheme to the dependants of job contract employees. Being aggrieved by the order of Govt. the applicant has approached this Tribunal in the present O.A.

(3.) THE learned Govt. Advocate submits that the applicant's prayer for appointment under the Rehabilitation Assistance Scheme was rejected as there was no provision in the R.A. Rules for the same. However, the applicant's prayer was rejected during the years 2006 to 2008. Since the Govt. has issued a resolution giving benefit of rehabilitation assistance to job contract employees of Settlement and Consolidation organisation w.e.f. 16.7.1996, there is no bar for the respondents to reconsider the prayer of the applicant. On hearing the learned counsel for the applicant and the learned Govt. Advocate, the O.A. is disposed of with a direction to respondents to reconsider the prayer of the applicant for appointment under the Rehabilitation Assistance Scheme, keeping in view the Govt. of Orissa G.A. Department resolution No. 3024, dtd. 5.2.2010, within a period of two months from the date of receipt of a copy of this order. The O.A. is disposed of.