Orissa High Court
State Of Odisha & Others vs Sujit Kumar Bag on 17 November, 2025
Author: Mruganka Sekhar Sahoo
Bench: Mruganka Sekhar Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.A. No.2921 of 2023
State of Odisha & Others .... Appellants
Mr. D. Mohanty, AGA
-versus-
Sujit Kumar Bag .... Respondent
CORAM:
JUSTICE MANASH RANJAN PATHAK
JUSTICE MRUGANKA SEKHAR SAHOO
ORDER
17.11.2025
(Hybrid Mode)
Order No.
I.A. No.8502 of 2023
02. 1. The I.A. has been filed for dispending with filing of
certified copy of the order dated 09.01.2023 passed by
the learned Single Judge in W.P.(C) No.20112 of 2022.
Since this is an intra-Court appeal, records of W.P.(C)
No.20112 of 2022 shall be made available for reference.
Registry is to do the needful.
The I.A. is favoured and disposed of.
2. The I.A. has been filed for condonation of reported
delay of 296 days in filing the appeal.
3. Heard learned Additional Government Advocate for
the State.
Learned AGA refers to the decisions of the Hon'ble
apex Court in SLP(C) No.9008 of 2024 : (State of
Odisha and others v. Madhurima Panigrahi) decided
on 10.09.2024, SLP(C) No.2146 of 2024: (State of
Odisha v. Sudhansu Sekhar Jena) decided on
21.02.2025 which is disposed of on 09.10.2025 by this
Bench in W.A. No. 1134 of 2023, SLP(C) No. 11443 of
2023 : (State of Odisha and others v. Nikunja
Kishore Panigrahi) and SLP(Civil) No. 23039 of
2024: (State of Odisha v. Ajaya Kumar Bhoi) to
submit that in hundreds of cases the Hon'ble apex
Court have allowed the SLP where the writ appeals were
dismissed by this Court in not condoning the delay
relying on W.P.(C) No. 15763 of 2021 : (State of
Odisha and others v. Surama Manjari Das) decided
on 16.07.2021. It is further submitted that apart from
allowing the SLPs the Hon'ble Supreme Court has
condoned the delay in filing the W.A. before this Court
in all the hundreds individual cases.
4. Learned counsel for the respondent vehemently
opposes the prayer for condonation of delay. He
submits that causes shown are too frugal to be
accepted.
5. In our considered opinion, condonation of delay will
not add any further merit to the case of the appellants.
Applying orders passed by the Hon'ble Supreme Court
as noted above, the reported delay of 296 days in filing
the appeal is condoned.
6. I.A. is favoured and disposed of.
7. The writ appeal has been filed by the appellant-State
challenging order dated 09.01.2023 passed by the
learned Single Judge in W.P.(C) No.20112 of 2022. The
operative portion of the order dated 09.01.2023 is
reproduced herein:
"xxx xxx xxx
4. Learned counsel for the petitioner contended
that the case of the petitioner is covered by the
judgment of the apex Court in the case of Malaya
Nanda Sethy v. State of Orissa, Civil Appeal No.
4103 of 2022 disposed of on 20.05.2022. Therefore,
this writ petition may be disposed of in the light of
the aforesaid order, to which learned State Counsel
has raised no objection.
5. In the above view of the matter, the order dated
25.02.2022 passed by the authority under
Annexure-11 is hereby quashed. The opposite
parties are directed to consider the case of the
petitioner in the light of the judgment passed by the
apex Court in the case of Malaya Nanda Sethy
(supra) and pass appropriate order in accordance
with law within a period of three months from the
date of production of certified copy of this order.
xxx xxx xxx"
8. Both the sides in all fairness submit that 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."
9. 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.
10. 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.1- Secretary to Government, Department
of Higher Education, Odisha obtaining necessary
acknowledgement with date and seal from the said
authority in that regard. The Secretary to Government,
Department of Higher Education, Odisha 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 Rs.500/- to the respondent for delay
per day for the first month and Rs.1,000/- for the period
next following.
Now, no costs.
(Manash Ranjan Pathak)
Judge
(Mruganka Sekhar Sahoo)
Judge
Amit
Location: HIGH COURT OF ORISSA, CUTTACK
