RITANJALI GIRI ALIAS PAUL Vs. STATE OF ODISHA

JUDGEMENT

(1.) This petition challenges the order dated 13.07.2012 passed by the District Education Officer, Balasore, opposite party no.4, whereby and whereunder the claim of the petitioner for appointment under the Rehabilitation Assistance Scheme was rejected.

(2.) The short facts of the case are that Manoj Kumar Paul, husband of the petitioner, was appointed as an Assistant Teacher on 01.01.2008 in Krushna Bhanu High School (hereinafter referred as "School"). He joined in the said post on 02.01.2008. He discharged his duty with the utmost satisfaction of the authorities. His post was duly approved by the Circle Inspector of Schools, Balasore Circle, Balasore. He received grant -in -aid (Block Grant) w.e.f.01.04.2008. While the matter stood thus, he passed away from the mortal world. After his untimely death, his family members received a serious setback, since he was the sole bread -earner of his family. Thereafter, the petitioner filed an application on 25.06.2012 before the opposite party no.4 for being appointed under the Rehabilitation Assistance Scheme (hereinafter referred as "Scheme"). By order dated 13.07.2012, the opposite party no.4 rejected the application of the petitioner holding inter alia that the Scheme is not available with the legal heirs of teachers/employees of Block Grant High Schools.

(3.) Pursuant to issuance of notice, counter affidavit has been filed by the opposite party no.4. It is stated that the School in question is a Block Grant High School. The petitioner is not entitled for appointment under Rehabilitation Assistance Rule, 1990. The service condition of the employee of Block Grant High School has not been finalized by the Government. It is further stated that the Finance Department in its letter dated 02.02.2000 imposed restriction of filling up the vacancies in the aided educational institutions for which the benefits of the Scheme was not extended to the member of the families of the employees of fully aided educational institutions. Recently, the Finance Department have agreed to fill up the base level vacancies in the educational institutions by extending the Scheme in fit cases by Resolution dated 26.04.2011. Thereafter, the Government of Orissa in School and Mass Education Department have issued clarification on 21.06.2011 stating therein that all pending applications under the Scheme of aided educational institutions (Fully Aided under direct control of Government due to death of invalid on or after 24.09.1990) shall be scrutinized by the existing screening committee for consideration of appointment under the Scheme. The School where the husband of the petitioner was serving does not come within the meaning of fully aided educational institutions.