CHAKRADHAR DAS Vs. ORISSA BRIDGE AND CONSTRUCTION

JUDGEMENT

(1.) Being disheartened at the rejection of their prayer to give employment to their son -in -law under the rehabilitation scheme as communicated in the letter dated 29 -11 -1994 (Annexure -2), the petitioners have filed this writ petition praying for quashing it. They have also prayed for a direction to consider the claim for employment of their son -in -law.

(2.) BRIEFLY stated, the case of the petitioners is that both of them are now past 60 years of age and have no source of income for their livelihood. They were fully dependant upon their son called Harekrushna Das who unfortunately while working as Senior Assistant under the Orissa Bridge and Construction Corporation Limited, died of blood cancer on 12 -7 -1994. In their old age, they look at their son -in -law Narahari as a source of solace but he is not in a position to render any help to them because of the fact that he is unemployed. According to the petitioners, Narahari has passed M. Com. and being qualified is eligible for being employed in a clerical post but his prayer to provide a suitable employment to him under the rehabilitation scheme was rejected by the opp. parties without taking the relevant facts and circumstances into consideration.

(3.) AS it appears, to regulate recruitment to the State Civil Services and Posts as a measure of rehabilitation assistance the Governor of Orissa In exercise of the powers conferred by the proviso to Article 309 of the Constitution has framed a set of rules called the Orissa Civil Services (Rehabilitation Assistance) Rules, 1990 (hereinafter referred to as 'the Rehabilitation Rules'). Rule 11 (iv) provides, inter alia, that the facilities under the Rehabilitation Rules shall mutatis mutandis be applicable to the family of the employees of the public sector undertakings under the State Government. There is, no dispute that the Rehabilitation Assistance Rules govern the field of recruitment to the services under the Orissa Bridge and Construction Corporation Limited, it being a public sector undertaking under the State Government.