CUTTACK: The Orissa High Court dismissed a writ appeal filed by the state government challenging a single judge’s order granting reconsideration of a claim for compassionate appointment. It has strongly criticised the state for making what it termed a “militantly false” contention and failing to act as a model litigant.
The division bench comprising Justices Dixit Krishna Shripad and Chittaranjan Dash further imposed a cost of `1 lakh, observing that the state must conduct itself as a model litigant, as repeatedly held by the Supreme Court.
The bench said that the cost would not be payable if the compassionate appointment letter is issued to the respondent on or before January 29. Failing this, the amount must be paid within two weeks, with a penalty of `100 per day for the first four weeks of delay and `200 per day thereafter. The matter has been listed on January 30 for reporting compliance
The bench upheld the single judge’s order dated February 7, 2023, ruling that since the wife was suffering from ailments and the elder son a ‘polio’ patient and unable to move, denial of opportunity to render service by the petitioner, who is the second son of the deceased employee, was unjustified.
The judge directed for reconsideration of the grievance of the petitioner for compassionate appointment as expeditiously as possible.
The state, in its appeal, alleged that the single judge passed the order without giving an opportunity of hearing. Rejecting this claim, the bench observed such a plea had the potential of casting aspersions on the Judge, noting that counters and rejoinders had been duly filed and heard.
The bench recorded that the deceased health department employee of Puri district had died, leaving behind his widow and three sons, one of whom was suffering from polio and did not stake a claim. The second son, after obtaining consent from the third son, alone sought compassionate appointment.