Orissa HC slams Utkal University for denying compassionate appointment for 15 years

The Orissa High Court has slammed Utkal University, the state’s premier government-run institution, for denying a man’s legitimate claim for a compassionate appointment nearly 15 years after the untimely death of his father.

In a strongly worded order, Justice Dixit Krishna Shripad chided the University, stating, “Neither the University nor the Government knows the difficulty of a family that suffers financial distress when its sole breadwinner falls. Their hearts, if at all they have, do not appear to be at the right place. The claim for compassionate appointments is treated sans compassion as if showing compassion contravenes the Constitution. Much is not necessary to specify and less is insufficient to leave the truth unsaid.”

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The petitioner’s father joined the University as a Common Room Attendant on 27 November 2004, and his service was later regularized retroactively. The petitioner’s father died on 10 March 2010 eventually resulting in petitioner’s claim for compassionate appointment under the extant policy of the University.

“The Apex Court earlier warned that the claims for compassionate appointment have to be treated on war footing. However, now-a-days, Governmental Institutions, such as Universities show scant respect to the Courts and disobey their orders. That would not augur well to the rule of law. At least, as a concession to the shortness of human life, the University & Government should have coordinated with each other and done something for the grieving family of the deceased by giving compassionate appointment to his son within a reasonable time,”, Justice Shripad stated in the order.

“The petitioner, who has been fighting the legal battles one after another, has spent a valuable part of his life in the court corridors, which are not happy places. This is in addition to a huge sum of money he has spent all these years, the family itself being in financial distress and its breadwinner having gone with the wind. Less said is better, the Court stated.This is a fit case for levying exemplary costs on the University for showing callous attitude to its own employees’ family. A grossly culpable action of the University cannot go with impunity. A cut needs to be inflicted on it vicariously and on its officers, mediately, Justice Shripad said while ruling in favour of the petitioner .

The High Court directed the Registrar, Utkal University to appoint the petitioner under the extant rehabilitation scheme within a period of three weeks and report compliance to the Registrar General of this Court, failing which the University shall pay Rs.1,000 per day to the petitioner, till such order is issued.

The University shall pay a cost of Rs one lakh to the petitioner within thirty days to be reckoned from this day and delay, if brooked, would carry an additional sum of Rs one thousand only. The amount of cost may be recovered from the salary of erring officials personally in accordance with law, the Court concluded in the verdict.