ASHOK KUMAR SEN Vs. OLIC AND OTHERS

JUDGEMENT

(1.) This writ petition is under Article 226 and 227 of the Constitution of India, whereby and where under the order under Annexure- 4 dated 29.07.2000 passed by the Managing Director, Orissa Lift Irrigation Corporation Limited, Bhubaneswar has been sought to be quashed by which the appointment to provide the petitioner under the Rehabilitation Assistance Scheme has been cancelled.

(2.) Brief facts of the case is that the late father of the petitioner namely Bansidhar Sen was an employee working as Pump Helper under the administrative control of the opposite party no.2 died in harness on 5.5.1994 at the age of 46 years at the time of death, the petitioner was 14 years old and as such could not made application for appointment under the Rehabilitation Assistance Scheme but on attaining majority, he has made an application on 27.04.1997 under the provision of the O.C.S. (Rehabilitation Assistance) Rules, 1990, the petitioner has been appointed on 7.7.2000 and immediately after 22 days, the order of cancellation of his appointment has been passed which is under challenge in this writ petition.

(3.) Learned counsel for the opposite party-State has submitted on the strength of the counter affidavit that the Rehabilitation Assistance Scheme although has been adopted by the Corporation but due to financial crunch which the Corporation was facing during the relevant time, the decision has been taken by its 117th Meeting held on 12.03.1998 to stop appointment under Rehabilitation Assistance Scheme until further orders and in view thereof, the appointment order has been issued in his favour in violation of the above decision, hence the same has been cancelled.