The High Court dismissed a writ petition seeking to quash an order rejecting the petitioner's claim for compassionate appointment. The court held that the relevant Rules require death or invalidation during service, and voluntary retirement does not qualify.
The writ petition was dismissed, affirming the rejection of the compassionate appointment claim.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
WPC (OAC) No. 4787 of 2016
Yudhisthira Sethi
Petitioner
Mr. R. K. Behera, Advocate
Vs.
State of Odisha and others.
….. Opposite Parties
Mr. S.Rath, ASC
CORAM:
DR. JUSTICE B.R. SARANGI
ORDER
01.12.2022
Order No.
This matter is taken up through hybrid mode.
Page 1 of 2
the legal heir of the employee is entitled to get the benefit of appointment under R.A. scheme. The petitioner does not satisfy any of the conditions as stipulated in the rule itself. Therefore, the same cannot be extended to the present petitioner. The order dated 03.05.1996 in Annexure-4 also clearly reveals such fact. Thereby, there is no infirmity in the order impugned, so as to cause any interference.
Arun
Page 2 of 2
2 issues framed by the court
Whether an order rejecting compassionate appointment on the ground of voluntary retirement by the employee is liable to be quashed by a writ petition.
Whether the legal heir of an employee who retired voluntarily is entitled to appointment under the Recruit Ass't Scheme rules
2 provisions across 1 enactments
Yudhisthira Sethi
State of Odisha
B.R. SARANGI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
