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Orissa High Court
State Of Odisha And Others vs Balakrushna Bhanja on 15 December, 2025
Author: Mruganka Sekhar Sahoo
Bench: Mruganka Sekhar Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
WA No.3346 of 2024
State of Odisha and others .... Appellants
Represented By Adv. -
Mr. J.K. Bal, AGA
-versus-
Balakrushna Bhanja .... Respondent
Represented By Adv. -
Mr. Chitta Ranjan Lenka, Advocate
CORAM:
JUSTICE MANASH RANJAN PATHAK
JUSTICE MRUGANKA SEKHAR SAHOO
ORDER
15.12.2025
(Hybrid Mode)
Order No. I.A. No.8640 of 2024
03.
1. The appellants-State challenges the order dated 12.03.2024
passed in W.P.(C) No.5500 of 2024. The appeal has been filed after
a reported delay of 245 days.
2. Having gone through the reasons stated in the application
explaining the delay in approaching this Court, we are satisfied that
adequate reasons have been shown for condonation of delay.
Otherwise it is brought to our notice that similar writ appeal has
been disposed of in view of the amendment brought in Odisha Civil
Services (Rehabilitation Assistance)Rules, 2020 in the year 2025,
by coordinate Bench.
3. Delay in filing the appeal is condoned. I.A. is favoured and
disposed of.
4. The writ appeal has been filed by the appellant-State
challenging order dated 12.03.2024 passed by the learned Single
Judge in W.P.(C) No.5500 of 2024. The operative portion of the
order dated 12.03.2024 is reproduced herein:
"xxx xxx xxx
8. In such view of the matter, this Court deems it proper to
dispose of the writ application at the stage of admission by
directing the Opposite Party No.3 to convene the
examination the health condition of the wife of the
deceased government employee. In the event it is found
that the wife of the deceased government is unfit for any
government job then by following the preferential list as
provided in the rules the next eligible legal heir be called
for and his application be considered for appointment on
compassionate ground by following OCS (RA) Rules, 1990
keeping in view the judgment of the Hon'ble Supreme
Court in the case of Malaya Nanda Sethy vrs. State of
Orissa and others : reported in 2022(II) OLR(SC)-1 and
State of West Bengal-v.-Debabrata Tiwri passed in Civil
Appeal No.8842 of 2022 decided on 3rd of March, 2023
reported in (2023 (3) SCALE-557 decided by the Hon'ble
Supreme Court and the judgment of this Court in Suchitra
Bal vs. State of Odisha & ors. by a Division Bench of this
Court in W.P.(C) No.2081 of 2021 decided on 16.03.2023
as well as Bindusagar Samantaray vs. State of Odisha &
ors. by a Division Bench of this Court in W.A. No.810 of
2021 decided on 25.09.2023. Further, it is directed that on
production of a certified copy of this order by the
petitioner within a period of three weeks from today, the
Opposite Party No.3 shall do well to consider the matter
afresh without being influenced by any earlier decision
and further he shall consider the case of the Petitioner on
any of the family members of the deceased govt. employees
strictly in terms of the OCS (RA) Rules, 1990 by during
regard to the observations made hereinabove within a
period of eight weeks from the date of communication of a
certified copy of this order. The final decision so taken by
the Opposite Party No.3 be communicated to the petitioner
within a period of two weeks from the date of taking such
final decision.
xxx xxx xxx"
5. Both the sides in all fairness submit that now vide
notification dated 4th April, 2025 a suitable amendment is effected
to the provisions of Rule 2 to Odisha Civil Services (Rehabilitation
Assistance) Rules, 2020. The amended provision to Rule 6 of the
said Rules has the following text :
"2. In the Odisha Civil Services (Rehabilitation Assistance)
Rules,2020 (hereinafter referred to as the "said rules"), in
rule 6,--
(i) for sub-rule (9), the following sub-rule shall be
substituted, namely :--
"(9) (a) All pending applications, relating to death of
Government employee prior to the date of commencement
of the Odisha Civil Services (Rehabilitation Assistance)
Rules, 2020 shall be dealt in accordance with the rules
prevailing on the date of death of Government employee for
appointment under Rehabilitation Assistance Scheme:
Provided that in case the death of Government employee
occurred on or after commencement of the Odisha Civil
Service (Rehabilitation Assistance)Amendment Rules, 2016
and before commencement of the Odisha Civil Services
(Rehabilitation Assistance)Rules, 2020, shall be governed
by the provisions of the Odisha Civil Service
(Rehabilitation Assistance)Rules, 1990."
6. Learned counsel appearing for the respondent submits and
we agree that his client will be satisfied if his case is considered
under the new legal regime as reflected in the subject notification.
Learned Additional Government Advocate too agrees that the case
of respondent shall be considered under the amended Rules within
an outer limit of five months. Both the sides agree that all
contentions need to be kept open for being treated by the competent
authority under the amended provisions of the subject extant rules.
This is fair. It hardly needs to be stated that since the case would be
considered afresh, all records that effected rejection of claim of the
respondent are hereby voided.
7. In view of the above, appeal is disposed of. The
respondent/writ petitioner shall submit certified copy of this order
along with all the relevant documents before the appellant no.3-
Chief District Medical & Public Health Officer, Koraput obtaining
necessary acknowledgement with date and seal from the said
authority in that regard. The Chief District Medical & Public Health
Officer shall deal with the representation/application of the
respondent/writ petitioner by himself or shall forward the same to
the appropriate authority for necessary action as indicated above.
We make it clear that in the event matter is not decided as
undertaken before us within the specified period, the competent
authority who has to take the decision shall pay ₹500/- to the
respondent for delay per day for the first month and ₹1,000/- for the
period next following.
Now, no costs.
(Manash Ranjan Pathak)
Judge
Digitally Signed (Mruganka Sekhar Sahoo)
Reason: Authentication Judge
Location: OHC
Date: 22-Dec-2025 14:11:43
