Petition on compassionate appointment rejected by Orissa High Court

CUTTACK:  The Orissa High Court has dismissed a petition filed by the married daughter of a deceased government employee seeking extension of compassionate appointment benefits to her.

Rashmita Pattnayak and her mother had first filed a petition seeking the relief of compassionate appointment in 2012.

While disposing of the petition in 2013, the court had permitted her to make a fresh representation to the authority concerned. 

After no decision was taken on her fresh application, Rashmita approached the High Court for the second time and filed a contempt case in 2014. 

On June 22, 2016, a co-ordinate division bench dismissed the contempt petition while categorically by observing that a “married daughter cannot be given an (compassionate)  appointment.”

The order attained finality as Rashmita did not challenge the order. But after nearly five years she again sought the same relief by challenging the constitutional validity of Rule 2 (b) (iii) of the Orissa Civil Service (Rehabilitation Assistance) Rules, 1990. 

While dismissing the petition on Wednesday the two judge bench of Chief Justice S Muralidhar and Justice KR Mohapatra said, “It is not possible for this court, in the teeth of aforesaid order dated 22nd June 2016 passed by a coordinate Bench which has become final, to entertain a fresh petition on the same cause of action."

Rule 2 (b) (iii) of the Orissa Civil Service (Rehabilitation Assistance) Rules, 1990 includes daughters in the list of ‘family members’ pre-fixed that word by the word ‘unmarried’. 

In other words, it renders married daughters, ineligible for rehabilitation assistance including compassionate appointment.