Saroj Das v. State

W.P.(C) No. 13085 of 2008

1. 14.02.2019 Heard learned counsel for the petitioner and learned Additional Government Advocate for the State-opposite parties.

1. By way of this writ petition, the petitioner has challenged the judgment dated 31.03.2008 passed by the learned Odisha Administrative Tribunal, Bhubaneswar in O.A. No.1051 of 2004, whereby the learned Tribunal rejected the original application preferred by the petitioner.

1. The father of the petitioner expired on 01.01.2000. Accordingly, the petitioner applied for compassionate appointment. However the same came to be rejected by the State Government on the ground that family pension was being granted, which is more than Rs.36,000/- per annum.

1. The learned Tribunal while considering the original application, has observed as under:

“6. That the orders passed by the Chief Minister have been again negatived by him cannot be held out against the respondents. It is not difficult to see from the file produced that the case of the applicant was examined from all possible angles and despite best of intentions the claim was lost due to (i) non-availability of a suitable unencumbered post in the offices of the Heads of Department under the Department of Commerce and Transport; (ii) imminent redundancy of excadre post of Telephone Operator in the department as replacement to his deceased father, due to the introduction of EPABX system; (iii) unsuitability of the applicant for being appointed to the post of Junior Assistant under the rules: (iv) insistence of the Home Department refusing to accommodate the applicant as a Junior Typist in the common cadre to entertain the case of the applicant while there was at least four applicants

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