SUSAMA RATH Vs. STATE OF ODISHA AND ORS.

JUDGEMENT

(1.) Challenge has been made to the inaction of the opposite parties for not considering the case of the petitioner under The Orissa Civil Service (Rehabilitation Assistance) Rules, 1990 (hereinafter called "the Rules") and not making payment of arrear dues and death benefit of her late husband.

(2.) The factual matrix leading to the case of the petitioner is that the husband of the petitioner was serving as P.T.S.-cum-Night Watcher in the Government Homoeopathy Dispensary, Paralakhemundi, in the district of Gajapati on temporary basis on payment of wage of Rs.930/- per month since 16.8.2000. While working as such the husband of the petitioner suffered from Cancer and admitted in the Acharya Harihara Regional Cancer Centre, Cuttack on 9.12.2009. Later he was referred to Tata Memorial Cancer Centre. After being little recovery he was discharged but on 6.2.2010 he died at Paralakhemundi.

(3.) It is the further case of the petitioner that after death of her late husband, petitioner obtained the Legal Heir Certificate and approached the opposite party No.1 for giving her employment under compassionate ground vide the Rules. The opposite party No.1 directed the Inspector of Homoeopathy, Berhampur to give the job to the petitioner. But the Inspector did not comply with the same. So, the petitioner has to approach the Orissa Administrative Tribunal stating that her husband was Government servant and as such she is entitled to get the benefit under the Rules, 1990. But the Tribunal rejected the claim of the petitioner stating that her husband was not holding the civil post for which she is not entitled to get any death benefits and also the petitioner is not entitled to get any employment on compassionate ground under the Rules. Challenging such order, the present writ petition has been filed by the petitioner.