आवेदन के 6 महीने के अंदर देनी होगी अनुकंपा नियुक्ति माननीय सुप्रीम कोर्ट का बड़ा फैसला.
In the Supreme Court of India
Civil Appellate Jurisdiction
Civil Appeal Number 4103 of 2022
Arising out of SLP Civil number 936/2022.
Malaya Nanda ..... Applicant
Versus
State of Orissa and others..... Respondents
Judgement
M.R. Shah J.
1. Feeling aggreved and this satisfied with the impugned judgement and order dated 26 October 2021 passed by the High Court of Orissa at Cuttack in Retreat petition civil number 28083 2021 by which the High Court has this missed the said it petition free ford by the appellant hearing and has refused to direct the state authorities to appoint the applicant hear and original rate petitioner on compassionate ground original has preferred the present appeal.
2. The facts leading to the present appeal in a nutshell as a under:
That the father of the applicant here in original rate petitioner was working as an assistant Sub Inspector in the excise department. He passed away on 2nd January 2010 while in service. On the death of his father replicant applied for his appointment as a junior clerk on compassionate ground under the Orissa civil services rehabilitation assistant rules 1990 ( here after refurbed to as the 1990 rules) in July 2010. It was the case on behalf of the appellant that is mother was unable to undertake a government job due to her medical condition. The sad application Voice sent to the office of the Excise Commissioner Orissa Cuttack vide letter dated 3rd August 2011 that there after the said application was forwarded to the additional secretary to the government excise department on 21 September 2011. The sad application was not attended to by the excise department for a considerable period of 5 years. After a period of 5 years the additional secretary wide letter communication dated 9th September 2016 asked the Collector Ganjam to furnished a phrase report regarding the financial condition of the family of the decade government servant. Simultaneously a report was also called for from CDMO Ganjam to place the matter of the mother of the applicant before the medical board for proper examination to a certain whether inability to perform the government job continues. The CDMO Ganjam constitute a medical board and examined the mother of the applicant and furnished a report to the additional secretary on first November 2016 stating that she was unfit for government job. The CDMO Ganjam furnished another report dated 6th February 2017 to the same effect. It appears that there after a report from tahsildar Bella guntha which is the native place of the applicant was also called 4 to a certain financial condition and the tahsildar submitted it its report wide letter dated 28 October 2017 stating that the family income of the appellant from all sources does not exceed ceiling of rupees 72000 per annum.
2.1 Despite the application of the applicant hear in for appointment on compensate ground was kept pending under consideration. However Before any further order appointing the applicant on compensate ground under the rule 1990 rules came to be passed the 1990 rules came to be replaced by the new rules Odisha civil services rehabilitation assistant rules 2020 issued notification dated 17th February 2020. Under the 2020 rules one family member of the decade government servant would be appointed on companionate ground to group D base level post.....
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