REGENT COMPUTRONICS PVT. LTD.

Bhanuprava Garnaik Appellant

V/S

STATE OF ODISHA Respondents

Referred Judgements :-

KM. SRILEKHA VIDYARTHI VS. STATE OF U.P. [REFERRED TO]
CHAKRADHAR DAS VS. ORISSA BRIDGE AND CONSTRUCTION CORPORATION LIMITED [REFERRED TO]
TRIPURA IN DEBASHRI CHAKRABORTY VS. STATE OF TRIPURA AND OTHERS [REFERRED TO]
BUDHAN CHOUDHRY VS. STATE OF BIHAR [REFERRED TO]
MANEKA GANDHI VS. UNION OF INDIA [REFERRED TO]
C B MUTHAMMA I F S VS. UNION OF INDIA [REFERRED TO]
EXPRESS NEWSPAPERS PRIVATE LIMITED VS. UNION OF INDIA [REFERRED TO]
VIJAYA MANOHAR ARBAT VS. KASHIRAO RAJARAM SAWAII [REFERRED TO]
D K YADAV VS. J M A INDUSTRIES LIMITED [REFERRED TO]
UMESH KUMAR NAGPAL ANIL MALIK VS. STATE OF HARYANA [REFERRED TO]
SAVITA SAMVEDI MS VS. UNION OF INDIA [REFERRED TO]
BALBIR KAUR VS. STEEL AUTHORITY OF INDIA LIMITED [REFERRED TO]
SAVITRI CAIRAE VS. U P AVAS EVAM VIKAS PARISHAD [REFERRED TO]
UNION OF INDIA VS. SHASHANK GOSWAMI [REFERRED TO]
L SHREEJITH VS. DEPUTY DIRECTOR EDUCATION KERALA [REFERRED TO]
KETAKI MANJARI SAHU VS. STATE OF ORISSA [REFERRED TO]
MANJULA VS. STATE OF KARNATAKA [REFERRED TO]
GENERAL MANAGER VS. KUNTI TIWARY [REFERRED TO]
KRISHNAVENI VS. SUPERINTENDING ENGINEER KADAMPARAI ELECTRICITY GENERATION BLOCK [REFERRED TO]
RANJANA MURLIDHAR ANERAO VS. STATE OF MAHARASHTRA [REFERRED TO]
R. GOVINDAMMAL VS. THE PRINCIPAL SECRETARY, SOCIAL WELFARE AND NUTRITIOUS MEAL PROGRAMME DEPARTMENT AND ORS. [REFERRED TO]
N.C. SANTHOSH VS. STATE OF KARNATAKA [REFERRED TO]
CH. DAMAYANTHI VS. APSRTC AND ORS. [REFERRED TO]

JUDGEMENT

(1.) Aggrieved by the return of the proposal of the Chief District Veterinary Officer, Angul-opposite party No.4 for consideration of appointment of Smt. Bhanuprava Garnaik-petitioner under the Odisha Civil Service (Rehabilitation Assistance) Rules, 1990, (hereinafter referred to as "RA Rules") by the Additional District Magistrate, Angul-opposite party No.3 vide Letter dtd. 18/3/2016 (Annexure-4), the petitioner has approached the Odisha Administrative Tribunal, Cuttack Bench, Cuttack by way of Original Application filed under Sec. 19 of the Administrative Tribunals Act, 1985, wherein following relief(s) is prayed for:

(2.) It is the case of the petitioner(s) that Khitish Chandra Garnaik, while working as Veterinary Attendant under the opposite party No.4 died in a road accident on 9/3/2015 and left behind wife and two daughters. Since he was the sole bread earner for the family, his wife-Sulochana Garnaik applied for an appointment under the RA Rules. She was directed to appear before the Medical Board on 15/12/2015. The District Medical Board examined her and opined that she was in bad state of health and found to be medically unfit for undertaking service. Therefore, the elder daughter, namely Bhanuprava Garnaik applied for consideration of her appointment under the provisions of the RA Rules after taking consent from the other daughter namely Rudrani Garnaik.

(3.) The opposite party No.3 ought to have followed the procedure prescribed instead of refusing to accede to the proposal of the opposite party No.4. At the relevant point of time, the procedure for "mode of appointment" stood thus:

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BHANUPRAVA GARNAIK Vs. STATE OF ODISHA

Referred Judgements :-

JUDGEMENT

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