JUDGMENT : B.N. MAHAPATRA, J. 1. This writ petition has been filed for a direction to opposite party No.2 Secretary, Berhampur Central Co-operative Bank Limited, Berhampur to appoint the petitioner under the Rehabilitation Assistance Scheme on account of death of his father and for a further direction to opposite party No.1 Registrar, Co-operative Societies, Orissa, Bhubaneswar to accord approval in respect of the said appointment. 2. Petitioner's case in a nutshell is that the father of the petitioner late Gouranga Palei died in harness due to heart attack on 03.07.2010. At the time of his death, petitioner's father was serving under opposite party No.2 as a regular employee. After death of his father, the petitioner made representation under Annexure-3 series to opposite party Nos. 1 and 2 for his appointment under the Rehabilitation Assistance Scheme. Vide Letter No. 5676/12-13 dated 17.01.2013 (Arinexure-4) though opposite party No.2 Secretary has required approval of opposite party No.1 for appointment of the petitioner along with others under the Rehabilitation Assistance Scheme, no action has yet been taken by opposite party No.1. Hence, the present writ petition. 3. Mr. Tripathy, learned counsel appearing on behalf of the petitioner submitted that both the opposite parties have failed to exercise their duties in proper perspective. Petitioner and his family members are in bare need of financial assistance for their survival. For no valid reason, the petitioner has been deprived of getting appointment under the Rehabilitation Assistance Scheme formulated by opposite party No.1. Mr. Tripathy further submitted that petitioner's case is covered by order of this Court dated 22.04.2013 passed in Sibananda Jena vs. Registrar, Co-operative Societies, Orissa and another, W.P. (C) No. 7653 of 2013. The petitioner in that case has got appointment under the Rehabilitation Assistance Scheme. Therefore, it is submitted that in the instant case the petitioner is entitled to be appointed under the Rehabilitation Assistance Scheme (Annexure-1) formulated by opposite party No.1. 4. Mr. Baidhar Sahoo, learned counsel appearing on behalf of opposite party No.2 referring to the counter affidavit filed on behalf of opposite party No.2 submitted that the father of the petitioner expired on 03.07.2010 while working against Grade VI+A category post in opposite party-Bank. Petitioner has filed representations under Annexure-3 series before opposite party Nos. 1 and 2 under Rehabilitation Assistance Scheme, which is after lapse of more than two years from the date of death of his father. Petitioner has filed representations under Annexure-3 series before opposite party Nos. 1 and 2 under Rehabilitation Assistance Scheme, which is after lapse of more than two years from the date of death of his father. The Human Resource Policy for the Central Cooperative Banks of Odisha incorporating the Staff Service Rules, 2011 (for short, Rules 2011) has been adopted by the opposite party-Bank. Referring to Rule 8 of the Rules, 2011, it was submitted that the petitioner has not applied for service within one year from the death of his father. Therefore, his case cannot be considered in violation of provision of Rule 8 of the Rules, 2011. Annexure-1 filed by the petitioner is not applicable to his case. Opposite party No.2 has never assured the petitioner for providing appointment as stated in paragraph 5 of the writ petition. Though opposite party No.2 has issued letter No. 5676 dated 17.01.2013 to opposite party No.1 no approval has yet been accorded by the statutory authority. Petitioner's case is not covered by the decision of this Court rendered in W.P. (C) No. 7653 of 2013. In that case, petitioner-Sibananda Jena had passed +2 with Diploma qualification and applied for appointment in the opposite party Bank under the Rehabilitation Assistance Scheme within one year from the date of death of his father. He has also filed the Distress Certificate. Therefore, he has been appointed against the post of a Peon. The other reason given by opposite parties in not considering the case of the petitioner for his appointment under the Rehabilitation Assistance Scheme/Rules, 2011 is that the deceased-father of the petitioner was working in a dying grade post. If ineligible candidates' cases are considered for appointment under the Rehabilitation Assistance Scheme, the direct recruitment will not be held as a result, suitable candidates will be debarred from joining the bank service which would paralyze the actual functions of the bank. 5. If ineligible candidates' cases are considered for appointment under the Rehabilitation Assistance Scheme, the direct recruitment will not be held as a result, suitable candidates will be debarred from joining the bank service which would paralyze the actual functions of the bank. 5. On the rival contentions of the parties, the only question that falls for consideration by this Court is whether on account of death of father of the petitioner in harness his case can be considered for the purpose of giving appointment to him in Group 'B' or Group 'C' post as per his qualification under Staff Service Rules, 2011 even though he has not made application for such appointment within one year from the date of death of his father as required under Rule 8 of the Rules, 2011 and his father was working in a dying grade post. 6. Undisputed facts relevant for our purpose are that petitioner's father died on 03.07.2010 while working against Grade VI+A category post in opposite party-Bank. Petitioner has filed representations under Annexure-3 series before opposite party Nos. 1 and 2 for appointment under the Rehabilitation Assistance Scheme after more than two years of the death of his father. 7. On this factual backdrop, we have to answer the above question. One of the grounds on which petitioner's case has not been considered by opposite parties for appointment under the Rules, 2011 is that he made an application for appointment under the Rehabilitation Assistance Scheme after more than two years from the date of death of his father. It was emphatically argued that since the petitioner has not made an application within one year of death of his father, he is not entitled to such appointment under the said Rules, 2011. 8. Rule 8 of the Rules, 2011 deals with special provision for appointment of Widow/son/ unmarried daughter of deceased employee in the service of the Bank. The said provision is extracted here-in-below. "8. SPECIAL PROVISION: Appointment of Widow/Son/unmarried Daughter of deceased employee in the service of the Bank. * In such appointments Widow/Son/unmarried Daughter of deceased employee cannot claim such appointments as a matter or right. * The Bank may pay salary of 24 months in lieu of providing appointment of Widow/Son/unmarried Daughter of deceased employee. The said provision is extracted here-in-below. "8. SPECIAL PROVISION: Appointment of Widow/Son/unmarried Daughter of deceased employee in the service of the Bank. * In such appointments Widow/Son/unmarried Daughter of deceased employee cannot claim such appointments as a matter or right. * The Bank may pay salary of 24 months in lieu of providing appointment of Widow/Son/unmarried Daughter of deceased employee. * In case, the compensation package offered is not accepted, in such case the competent authority may consider appointment of Widow/Son/unmarried Daughter of deceased employee depending on necessity, qualification and availability of vacancy in Group-B or Group-C posts. Provided that in case of appointment on rehabilitation/ compassionate grounds, appointment will be given only in the grade the deceased employee was holding subject to maximum of Banking Assistant and within a period of one year." 9. In the present case, admittedly after death of the father of the petitioner, he was not intimated by the employer of his father about the special provision incorporated under the Rules, 2011. 10. It is the bounden duty of a model employer to act benevolently with all sincerity for welfare of the legal heirs of an employee who died in harness. A model employer should not only intimate the legal heirs (s) of the deceased employee regarding the provisions/ procedure for getting various benefits, but also should send copy of the said provision/ procedure to enable the bereaved family member (s) to avail the benefit under Rehabilitation Assistance Scheme in the event of death of their father/mother. This attitude of the employer, no doubt, creates ample hope and confidence in the minds of the employees for achieving excellence in service. A model employer should not take advantage of the ignorance of the legal heirs of any deceased employee in the matter of getting any benefit under any Rehabilitation Assistance Scheme. An employer should neither exploit its employees not take advantage of any helplessness and misery of the employees – See State of Haryana vs. Piara Singh, (1992) 4 SCC 118 . 11. An employer should neither exploit its employees not take advantage of any helplessness and misery of the employees – See State of Haryana vs. Piara Singh, (1992) 4 SCC 118 . 11. The apex Court in Balbir Kaur and another vs. Steel Authority of India Ltd. & other, JT 2000 (6) SCC 281, while dealing with a matter relating to family benefit scheme and compassionate appointment in the case of an employee of Steel Authority of India who died in harness observed as under:- "The employer being Steel Authority of India admittedly an authority within the meaning of Article 12 has thus an obligation to act in terms of the avowed objective of social and economic justice as enshrined in the Constitution but has the authority in the facts of the matters under consideration acted like a model and an ideal employer - It is in this factual backdrop, the issue needs an answer to whether we have been able to obtain the benefit of constitutional philosophy of social and economic justice or not. Have the lofty ideals which the founding fathers placed before us any effect in our daily life - the answer cannot however but be in the negative what happens to the constitutional philosophy as is available in the Constitution itself, which we ourselves have so foudly conferred on to ourselves. The socialistic pattern of society as envisaged in the Constitution has to be attributed its full meaning: A person dies while taking the wife to a hospital and the cry of the lady for bare subsistence would go unheeded on a certain technicality. The bread earner is no longer available and prayer for compassionate appointment would be denied, as it is likely to open a Pandora's Box - This is the resultant effect of our entry into the new millennium. Can the law Courts be a mute spectator in the matter of denial of such a relief to the horrendous sufferings of an employee's family by reason of the death of the bread-earner." 12. Needless to say that in the matter of compassionate appointment for which specific Schemes are there, technicalities cannot have preference over substantive justice. 13. Can the law Courts be a mute spectator in the matter of denial of such a relief to the horrendous sufferings of an employee's family by reason of the death of the bread-earner." 12. Needless to say that in the matter of compassionate appointment for which specific Schemes are there, technicalities cannot have preference over substantive justice. 13. The other reason given by the opposite parties for not considering the case of the petitioner for his appointment under the Rehabilitation Assistance Scheme/Rules, 2011 is that the father of the petitioner was working against Grade VI+A category post. As per order No. XX-7/2001 (Pt. II)-6929/Bank-10/Date 13.06.2003 (Annexure-A/2) and order No. 3381 dated 20.02.2003, the Grade-VI+A in the service of Central Co-operative Banks shall be dying grade and no further appointment/recruitment shall be made to the said grade. Mr. Sahoo submitted that since the post of deceased-father of the petitioner was dying grade which means the post abolishes itself after retirement or death and no vacancy is created after retirement or death of Grade VI+A category employee of Bank, appointment of legal heirs of the deceased employee of Grade VI+A category under the Rehabilitation Assistance Scheme does not arise. 14. The above contention of opposite parties is misconceived. Appointment under the Rehabilitation Assistance Scheme/Rules, 2011 is linked to the person and not to the post. If an employee dies in harness, appointment may be given to his widow/son/unmarried daughter in Group 'B' or Group 'C' post. Therefore, the stand taken by opposite parties that since post in which father of the petitioner was working was abolished after his death, for which the case of the petitioner cannot be considered for his appointment under the Rehabilitation Assistance Scheme/Rules, 2011 is not sustainable in law. 15. In view of the above, we direct opposite party No.2 Secretary of the Berhampur Central Cooperative Bank limited to consider the case of the petitioner for appointment under the Rehabilitation Assistance Scheme/Staff Service Rules, 2011 irrespective of the fact that he filed the application for appointment on account of death of his father in harness after expiry of one year and his deceased father was working in a dying grade post. If the petitioner is found otherwise suitable to any post in the Bank under the Scheme/Rules in vogue, he may be given such appointment. If the petitioner is found otherwise suitable to any post in the Bank under the Scheme/Rules in vogue, he may be given such appointment. The entire exercise shall be completed within a period of two months from the date of production of certified copy of this judgment before opposite party No.2 Secretary, Berhampur Central Cooperative Bank Limited. 16. In the result, the writ petition is allowed with aforesaid observations and directions but without any order as to costs. I agree. Petition allowed.