Compassionate  Appointment – Conflict of view, as to whether the scheme/rules in force on the date of death of the government servant would apply or the scheme/rules in force on the date of consideration – On facts – Rules, which were applicable at the time when the deceased employee died and the appellant herein made an application for appointment would apply

Compassionate  appointment – Conflict of view, as to whether the scheme/rules in force on the date of death of the government servant would apply or the scheme/rules in force on the date of consideration of the application on compassionate grounds would apply – There are divergent views and the conflict of opinion in different decisions of this Court – However, keeping the said question aside, we are of the opinion that in the peculiar facts and circumstances of the case, the appellant herein shall be entitled for appointment on compassionate ground as per the 1990 rules, which were applicable at the time when the deceased employee died and the appellant herein made an application for appointment on the death of his father – Orissa Civil service (Rehabilitation Assistance) Rules, 1990.

2022 SCeJ 0608