LAWS(ORI)-2014-1-75

SANJAY KUMAR ROULA, GANJAM Vs. REGISTRAR OF COOPERATIVE

Decided On January 10, 2014
Sanjay Kumar Roula, Ganjam Appellant
V/S
REGISTRAR OF COOPERATIVE Respondents

JUDGEMENT

(1.) This writ petition has been filed for a direction to opposite party No.2-Secretary, Berhampur Central Cooperative Bank Limited, Berhampur to appoint the petitioner under Rehabilitation Assistance Scheme on account of death of his father and for a further direction to opposite party No.1-Registrar, Cooperative Societies, Orissa, Bhubaneswar to accord approval in respect of the said appointment.

(2.) Petitioner s case in a nut-shell is that the father of the petitioner late Suresh Chandra Roula died in harness due to heart attack on 04.11.2006. At the time of his death, petitioner s father was serving under Opposite Party No.2 as a regular employee. After death of his father, the petitioner made representations under Annexures-3 and 4 to opposite party Nos.1 and Commissioner-cum-Secretary to Government of Orissa, Co-operative Department for his appointment under the Rehabilitation Assistance Scheme. Vide letter under Memo No.20544 dated 19.11.2012 (Annexure-5) issued from the office of the opposite party No.1, request was made to opposite party No.2 to take appropriate action for meaningful redressal of the grievance of the petitioner and to report about the action taken by him. Grievance of the petitioner is that opposite party No.2 did not take any action and slept over the matter. However, opposite party No.2 sent a letter dated 17.01.2013 to opposite party No.1 requiring its approval for appointment of the petitioner along with others under Rehabilitation Assistance Scheme. No action was taken by opposite party No.1 till filing of the present writ petition.

(3.) Mr.Tripathy, learned counsel appearing on behalf of the petitioner submitted that both the opposite parties have failed to exercise their duties in proper perspective. Petitioner and his family members are in bare need of financial assistance for their survival. For no valid reason, the petitioner has been deprived of getting appointment under the Rehabilitation Assistance Scheme formulated by opposite party No.1. Mr.Tripathy further submitted that petitioner s case is covered by order of this Court dated 20.04.2013 passed in W.P.(C) No.7653 of 2013 (Sibananda Jena Vs. the Registrar, Cooperative Societies, Orissa and another). The petitioner in that case has got appointment under the Rehabilitation Assistance Scheme on the basis of the aforesaid Court order. Therefore, it is submitted that in the instant case the petitioner is entitled to be appointed under the Rehabilitation Assistance Scheme formulated by opposite party No.1.