Chandrama Nayak vs State Of Odisha And Ors
2022 Latest Caselaw 4941 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK
                   W.P.(C) No.19332 of 2022

        Chandrama Nayak                        ....            Petitioner

                                                   Mr. S.S. Ptatap, Adv.

                                   -versus-

        State of Odisha and Ors.              ....     Opposite Parties

                                          Mr. Debasis Mohapatra, SC
                                                (for S & ME Deptt.)



                CORAM:
                DR. JUSTICE S.K. PANIGRAHI

Order                          ORDER
No.                           21.09.2022

01. 1. This matter is taken up through hybrid arrangement.

2. Heard.

3. Learned counsel for the Petitioner submits that the

Petitioner who had applied for appointment under the

Rehabilitation Assistance Scheme after death of her

husband, has filed the present Writ Petition challenging

the Government Letter bearing No.5578 dated 16.10.2021

issued by the Opposite Party No.3/ District Education

Officer, Kandhamal denying her to avail the benefits of

Rehabilitation Assistance Scheme on the ground that she

// 2 //

is not eligible as per the Odisha Civil Service

(Rehabilitation Assistance) Rules, 2020. He further

submits that since the husband of the Petitioner died on

11.08.2015, the Petitioner has to be covered under the

Odisha Civil Service (Rehabilitation Assistance) Rules,

1990 and not under Odisha Civil Service (Rehabilitation

Assistance) Rules, 2020. He further submits that as per

the decision of the Hon'ble Apex Court in the case of

Malayananda Sethy -vrs.- State of Odisha and others1,

wherein the Hon'ble Apex Court held that application

shall be considered under the Rules prevalent at the time

of the death of Government employee concerned. In

other words, the appellant shall be entitled to get

appointment on compassionate ground as per Rules in

vogue at the time of death of the concerned employee.

4. However, the question whether the application for

appointment under the Rehabilitation Assistance Scheme

must be considered in light of the Rules prevalent on the

date of death of the Government employee or the date of

examination of the application is pending before a larger

Bench of the Supreme Court with a reference having been

made in SBI -vrs.- Sheo Shankar Tewari2.

2022 VOL-II OLR (SC) 1

(2019) 5 SCC 600.

// 3 //

5. In that view of the matter, awaiting the Judgment of

the larger Bench of the Supreme Court in the above case,

the present Writ Petition is adjourned sine die with a

permission to the parties to mention it for listing after the

decision of the Supreme Court.

( Dr. S.K. Panigrahi) Judge B.Jhankar