SHRI PRANAB RANJAN BHUYAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Petitioner has filed this Writ Petition to quash Annexure 3 and to issue a direction to the Opp. Parties to appoint him under the Rehabilitation Assistance Scheme. As per the Writ Petition the father of the Petitioner, namely, Panchanan Bhuyan while working as the Headmaster of Bhagbanpur L.P. School died in harness about 12 years earlier of the date of his superannuation. At the time of his death the Petitioner was only one year old. After attaining majority, he applied to the authorities paying for employment under the Rehabilitation Assistance Scheme. Since the same was not considered, he approached this Court in O.J.C. No. 13890 of 1997, which was disposed of with a direction to the Opp. Parties to consider his application. The prayer having rejected, once again the Petitioner approached this Court in O.J.C.No.2374 of 1999 wherein this Court directed the Opp. Parties to reconsider the case of the Petitioner in terms of Sub -rule 8 of Rule 9 and Rule 11 of the Orissa Civil Services (Rehabilitation Assistance) Rules 1990. After reconsideration, the Director, Elementary Education, Orissa, rejected the prayer of the Petitioner vide Annexure -3. Under such circumstances the Petitioner has filed the present Writ Petition with the prayer to quash Annexure -3 and to direct the Opp. Parties to appoint him under Rehabilitation Assistance Scheme as stated earlier.

(2.) OPP . Parties 1 and 2 in their joint counter affidavit stated that the Government in erstwhile Education and Youth Services Department in their Resolution No. 20306/EYS dated 20.5.1985 decided that Rehabilitation Assistance may be made available to a member of the family of the deceased or permanently disabled, non -Government primary School Teachers, subject to certain conditions vide Annexure A/2. The Orissa Civil Services (Rehabilitation Assistance) Rules 1990 came into operation with effect from 24.9.1990. As per Rule (2), the provisions of the Rules have been made applicable with effect from 24.9.1990 to the family members of Govt. Primary school and non -Govt. primary school teachers and teachers of aided Institutions under the Education and Youth Services Department. The father of the Petitioner, late Panchanan Bhuyan died on 17.3.1978, while working as a non -Govt primary school teacher, by which time Orissa Civil Service (Rehabilitation Assistance) Rules (hereinafter called 'the 1990 Rules') had not seen the light of the day. The Govt, in their erstwhile Education and Youth Services Department introduced the Rehabilitation Assistance Scheme for non -Government Primary Schoolteachers with effect from 20.5.1985. So, the Petitioner is not entitled to get employment under the Rehabilitation Assistance Scheme and that the Director Elementary Education Orissa rightly rejected the prayer of the Petitioner under Annexure -3. So, the Learned Addl. Standing Counsel prayed to dismiss the Writ Petition.

(3.) ON the contrary, Learned Addl. Standing Counsel submitted that Resolution No. 1788 dated 9.9.1976 of the Government in Labour and Employment Department did not cover the case of the employees of non -Govt. primary schools. According to him, only in the year 1985 Government in erstwhile Education and Youth Services Department in their Resolution No. 20306/EYS dated 20.5.1985 decided that Rehabilitation Assistance would be made available to a member of the family of the deceased or permanent disabled non -Govt. primary school teacher who dies or suffers from permanent incapacitation while in service subject to certain conditions. Since the father of the Petitioner expired in the year 1978, much prior to commencement of 1985 Resolution, the Petitioner is not entitled to get employment under the Rehabilitation Assistance Scheme. Accordingly the Learned Addl. Standing Counsel prayed to dismiss the Writ Petition.