RASMITA NAYAK Vs. STATE OF ODISHA

JUDGEMENT

(1.) Petitioner's father, who was working as Peon in KSUB College, Bhanjanagar, died in harness on 22/12/2010. Petitioner, being the daughter, filed the application on 10/9/2011 before OP No.3 seeking appointment on compassionate ground. One lady, Smt. Ranjani Nayak, claiming to be the widow of deceased, objected to the application. Therefore, petitioner obtained legal heir certificate dtd. 27/12/2012. The said Ranjani filed Misc. Appeal No. 3 of 2013 against the grant of legal heir certificate, which came to be dismissed by the Sub-Collector on 5/7/2014.

(2.) The Governing Body of the College, in the meanwhile, forwarded petitioner's application on 19/4/2013 to OP No.3 recommending her case for compassionate appointment. OP No.3, on 23/5/2013, in turn forwarded it, vide letter no.437/2014, to the Collector of Ganjam district for issuance of distress certificate. Distress certificate was issued and despite that OP No.2, vide order dtd. 3/8/2021, rejected the application on the sole ground that it was time barred in terms of Rule 7(5) of OCS (RA) Rules, 2020. Aggrieved thereby, petitioner is knocking at the doors of Writ Court.

(3.) Learned counsel for the petitioner seeks to falter the impugned order on the following grounds: