GOKULANANDA PRADHAN Vs. STATE OF ORISSA AND ORS.

JUDGEMENT

(1.) THIS case has a chequered history as it is the second round of litigation in this Court for seeking a direction to the opposite parties to give him appointment on compassionate ground.

(2.) THE facts and circumstances giving rise to this case are that father of the Petitioner died on 16.2.1982 in harness. As the Petitioner was born on 7.6.1971 he was only 11 years of age at that time and after attaining the majority in 1989 he filed an application for compassionate appointment which was rejected vide order dated 7.7.1997. Being aggrieved the Petitioner filed OJC No. 16299 of 1998 and this Court by judgment and order dated 30.7.2007 disposed of the said writ petition directing the opposite parties to re -consider the whole case. Case of the Petitioner was considered by the opposite parties and same was rejected vide order dated 10.12.2007 that he was not found eligible for employment on compassionate ground.

(3.) ON the contrary, Mr. P. Panda, learned Additional Standing Counsel has opposed the petition contending that the Petitioner has rightly been refused the employment on compassionate ground and the decree of the Civil Court cannot be relied upon as it is evident from the said decree that the Petitioner has an elder brother who is in service and there has been a specific finding of fact by the Civil Court that the Plaintiff, i.e., brother of the Petitioner is not living separately so far as the property is concerned. However, he is living separately only so far as mess is concerned. Therefore, the petition is liable to be dismissed.