AMBUJA KUMAR CHINNARA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS writ application has been filed against the judgment dated 12.2.1999 passed by the Orissa Administrative Tribunal, Cuttack Bench, Cuttack, in O.A.No. 961 (C) of 1994 dismissing the O.A. filed by the petitioner.

(2.) THE brief facts of the case are that the father of the petitioner was working as Primary School Teacher. Vide letter dated 11.8.1987 he was prematurely retired on the ground of permanent incapacitation. His normal retirement was due on 31.1.1995. At that time there was no statutory rules framed by the legislature and only the Government had used its executive power by issuing an order providing rehabilitation assistance scheme which was issued vide Government of Orissa, Education and Youth Services Department resolution dated 20th May, 1985. The said resolution is reproduced as under : "VIE/A. 61/85 2030 -EYS

(3.) APPLICATIONS for assistance under this resolution shall ordinarily be received within the period of five years form the date of death or permanent disability.