Orissa High Court
Suprava Maharana vs ) State Of Odisha ..... Opposite Parties on 13 February, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.23208 of 2024
Suprava Maharana ..... Petitioner
Represented By Adv. -
Gopinath Panda
-versus-
1) State Of Odisha ..... Opposite Parties
2) Ig Of Police(personnel) , Cutack Represented By Adv. -
3) Dig Of Police, Berhampur Mr. M.R. Mohanty,
4) Sp, Ganjam A.G.A.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
Order No. 13.02.2025
01. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. Heard learned counsel for Petitioner and learned State
Counsel for the Opposite Parties.
3. The petitioner has filed this writ petition seeking to quash
the order of rejection dated 17.09.2022 under Annexure-8 and
further seeks direction to the opposite parties to appoint him as
per OCS (Rehabilitation Assistance) Rule, 1990 read with
Amendment Rules, 2016 within a stipulated period.
4. Looking to the date of death of the deceased involving
whom appointment under the Rehabilitation Assistance Scheme
is sought and the date of application for appointment under the
Rehabilitation Assistance Scheme, this Court finds, the issuance
of rejection order vide Annexure-8 applying the provision in the
2020 Rule, which has even not seen the light of the day either on
the date of death or on the date of submission of application for
appointment under the Rehabilitation Assistance Scheme,
remains contrary to the decision 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 Tiwari 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, wherein the apex
court in a clear and categorical term observed that the Policy
prevalent at the time of death of the deceased employee is only
to be considered and not the subsequent policy. This Court,
therefore, interfering with the rejection order dated 17.09.2022
vide Annexure-8 set aside the same and directs Opposite Party
Nos.2 & 3 to consider the case of the Petitioner for appointment
under the Rehabilitation Assistance Scheme in terms of the
provision at Orissa Civil Services (Rehabilitation Assistance)
Rules, 1990 with the amended Rules, 2016, in view of the
decision of the Hon'ble Supreme Court as well as this Court
referred to hereinabove.
5. The entire exercise shall be completed within a period of
one & half months from the date of communication/production
of certified copy of this order by the Petitioner.
6. With the aforesaid observation/direction, the writ petition
is disposed of.
7. Urgent certified copy of this order be granted on proper
application.
( A.K. Mohapatra )
Judge
Rubi
Location: High Court of Orissa, Cuttack
