Ajit Kumar Barik And Others vs State Of Odisha And Others .... Opposite ... on 15 December, 2021
4.1. Learned counsel for the Petitioner submitted that thereafter,
when Petitioner was directed to provide the medical unfit certificate
of his mother, the same was also provided after the Petitioner's
mother was declared unfit by the CDMO, Cuttack on 06.10.2015.
Even though, everything was complied with, but O.P. No. 1
rejected the claim of the Petitioner vide the impugned
communication dtd.08.10.2016 under Annexure-13 on the ground
that the spouse of the deceased employee was eligible to make the
application and the Petitioner as the 2nd legal heir is not eligible. It
is also submitted that the grounds on which the claim of the
Petitioner was rejected is no more res integra in view of the
decision of this Court reported in the case of Ajit Kumar Barik Vs.
State of Odisha & Ors. (2018 (II) OLR P-10).