Orissa High Court

WRIT PETITION 11844 of 2005 on 18 May 2002

W.P.(C) No. 11844 of 200516.11.2015 Heard Mr. S. Mishra, learned counsel for the petitioner and Mr. B.K. Nayak, learned counsel for opposite party nos. 2 and 3.

The petitioner files this application seeking for a direction to opposite parties to give Compassionate Appointment under Rehabilitation Assistance Scheme within a stipulated time .

Mr. S. Mishra, learned counsel for the petitioner submits that due to the death of Late Sauna Hembram, who was working as a lineman on 18.05.2002 while in employment, his son-the petitioner approached the authority seeking for a compassionate appointment under Rehabilitation Assistance Scheme available under the opposite parties. Therefore, due to non-consideration of the grievance made by the petitioner, he approached this court by filing this application.

Mr. B.K. Nayak, learned counsel for opposite party nos. 2 and 3 submits that there is no such Rehabilitation Assistance Scheme is operating in the NESCO and even under the GRIDCO Rehabilitation Assistance Regulation, 1997, there is no provision for giving compassionate appointment to any legal heirs of the deceased family, but there is only provision for giving financial assistance, therefore the petitioner is only entitled to get only financial benefit not compassionate appointment. In any case, the wife of the deceased employee has filed an application in Annexure-A/3 on 08.04.2003 for compensation as per the Regulation, 1997 and on that basis, the amount has already been paid to the wife of the deceased employee on 16.02.2005, vide Annexure B/3.

Considering the contention raised by learned counsel for the parties and after going through the records, it appears that since there is no provision for giving compassionate appointment under the Regulation 1997 and only provision for giving financial assistance, which has already been paid to the wife of the deceased employee, this Court is not inclined to entertain this writ application. Accordingly, the same is disposed of. Issue urgent certified copy as per Rules.

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Dr. B.R. Sarangi,J.

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