Bhubaneswar: Kindness is a word which blind can see and deaf can hear. But in most of the cases our system is unkind so far as appointment under rehabilitation assistance is concerned.
Hearing one such case at length Odisha High Court delivered judgment in which specific direction is given to consider the case for appointment on compassionate grounds if the petitioner is otherwise found eligible and to appoint him in the post of Junior Clerk within a period of 4 weeks.
Delivering the Judgment Justice Sanjaya Kumar Mishra closed the 12 years long ordeal faced by the family members of a deceased Government servant.
Two ASIs of Department of Excise died about 12 years back while in service. On the basis of Judgment of Supreme Court, Malayananda Sethy son of a deceased ASI was appointed as Junior Clerk whereas another similar case applicant Anil Padhy is yet to be given appointment under Rehabilitation Assistance Rule-1990.
Earlier being satisfied with the precarious Financial Condition of the Family and serious ailments of the widow of the deceased employ, Commissioner of Excise being appointing authority has approved the application of Anil Padhy in 2013 for his appointment in Group- ‘C’ post.
However, Anil was running from pillar to post and post to pillar for more than a decade. After approaching higher authorities, he was compelled to knock the door of Justice through his counsels P K Sinha and A K Chhatoi.
After going through the pleadings and examining the rules as well as settled position of Law, Justice Mishra directed the State to consider for appointment on compassionate grounds under 1990 Rules.
While disposing the matter the High Court relied upon several rulings of Apex Court which held that if the object and purpose of appointment on compassionate grounds as envisaged under the relevant policy or the rules have to be achieved then it is just and necessary that such applications are considered well in time and not in a tardy way. As several such cases for compassionate appointment for lingering for decades, the Court has directed that such application must be considered at an earliest point of time.
The Court has further quoted the rulings that such applications must be considered at the earliest point of time. The consideration must be fair, reasonable and based on relevant consideration. The application can’t be rejected on the basic of frivolous and for reasons extraneous to the facts of the case. Then and there only the object and purpose of appointment on compassionate ground can be achieved.
