BASANTA KUMAR BARAL Vs. VICE CHANCELLOR OUAT

JUDGEMENT

(1.) IN this writ application under Articles 14 and 16 of the Constitution of India the petitioner seeks a direction from this Court to the opposite parties, more particularly opposite parties 1 and 2, to provide appointment to him under the Rehabilitation Assistance Rules within a period of two months to save the distressed family of the deceased employee from immediate starvation.

(2.) THE facts leading to the filing of this writ petition is reproduced here for better appreciation of the circumstances, which compelled the petitioner to come to this Court. The petitioner's father was working as a Village Agricultural Worker in the Department of Agronomy, College of Agriculture, Bhubaneswar and was a permanent employee of the Orissa University of Agriculture and Technology (OUAT). On 20.10.2000 while the petitioner's father was working in the instructional farm of the Department of Agronomy, died of snake bite. After sudden and premature death of the deceased employee his family became totally distressed and faced starvation. Faced with this situation, the petitioner applied to the University authorities for providing him a compassionate appointment under the Rehabilitation Assistance Scheme, but no step was taken by them on his application. Thereafter, he submitted a representation before the Registrar of the OUAT (OP No. 2) vide Annexure -4, but since no step was taken to provide him appointment he ultimately approached this Court by filing writ petition to direct the opposite parties to cause an enquiry and obtain report from the Collector, Puri and provide compassionate, appointment to the petitioner to save the distressed family from starvation.

(3.) OPPOSITE parties 1 to 4 have filed counter affidavit and it is admitted therein that the petitioner's father Brundaban Baral died in harness on 20.10.2000 while serving as Village Agricultural Worker in the Department of Agronomy, OUAT and the petitioner applied on 8.12.2000 for his appointment under Rehabilitation Assistance Scheme. The petitioner applied for the post of Junior Assistant/Computer Assistant/Auditor or any similar post in the Class -III category and with his qualification he is eligible for the post of Junior Assistant as he is a Commerce Graduate and has completed PGDCA in Computer and Financial Accounting. It is stated further in the counter affidavit that 17 Junior Assistant posts have been abolished by the Board of Management as per Finance Department memorandum No. FR -53/99 -31271 /F dated 16.7.1999. In pursuance of circular No. 5108 (8)dated 2.2.2000 of the Finance Department the non -teaching base level vacancies in the aided institutions are deemed to have been abolished. Besides, in view of the austerity measure imposed by the Finance Department vide Office memorandum No. 10954/F dated 14.3.2001, 50% of the base level posts as on 31.3.2001 or 20% of the total base level posts in any grade whichever is less are abolished by the end of September, 2001. It is added further in the counter that prior to receipt of the application of the petitioner for his appointment under Rehabilitation Assistance Scheme, twenty applicants are there in wait for appointment under the said scheme and the petitioner is at Sl. No. 21 and in toto there are twenty two applicants including the petitioner as on date. It is also stated that due to heavy financial constraint imposed by the Finance Department of the Government, the opposite parties could not consider the case of the applicant under Rehabilitation Assistance Scheme and the Office memorandum No. 10954/F dated 14.3.2001 circulated vide OUAT letter No. 30473 dated 18.12.2001 since stipulates that any candidate considered eligible under the rules in force for appointment under the Rehabilitation Assistance Scheme has to wait for a regular vacancy in the unabolished vacant posts with the clearance of the Finance Department. O.Ps. 1 to 4 in the counter affidavit admit that the application of the petitioner should have been sent to the district Collector to report as to the financial conditions of the family of the deceased employee and if the family actually is in financial distress condition. But due to heavy curtailment of the posts and ban on fresh appointment the petitioner's application has not been considered for his appointment under the Rehabilitation Assistance Scheme.