Orissa High Court
State Of Odisha And Others vs Rajat Kumar Singh on 18 November, 2025
Author: Mruganka Sekhar Sahoo
Bench: Mruganka Sekhar Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
WA No.1812 of 2024
State of Odisha and others .... Appellants
Represented By Adv. -
Mr. Debaraj Mohanty, AGA
-versus-
Rajat Kumar Singh .... Respondent
Represented By Adv. -
Mr. Ranjit Mohanty, Advocate
CORAM:
JUSTICE MANASH RANJAN PATHAK
JUSTICE MRUGANKA SEKHAR SAHOO
ORDER
18.11.2025
(Hybrid Mode)
Order No. I.A. No.4715 of 2024
01.
1. The appellants-State challenges the order dated 30.10.2023
passed in W.P.(C) No.33621 of 2023. The appeal has been filed
after a reported delay of 212 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. Though the matter is listed for orders, on agreement of the
parties by the learned counsel for the State-appellants and the
learned counsel for the respondent for the fact that similar matters
have already been disposed of by this Bench involving identical
question of law and issue, the matter is finally heard and is disposed
of.
5. The writ appeal has been filed by the appellant-State
challenging order dated 30.10.2023 passed by the learned Single
Judge in W.P.(C) No.33621 of 2023. The operative portion of the
order dated 30.10.2023 is reproduced herein:
"xxx xxx xxx
6. On careful analysis of the fact of the case as well as
law, this Court is of the considered view that considering
the date of death and the fact that the case of the Petitioner
already recommended by the Committee duly constituted
for scrutiny of the application, the case of the Petitioner
should have been considered under the OCS(RA) Rule,
1990 as amended in the year 2016. This Court further
observes that the case of the Petitioner is to be considered
in the light of the law laid down by the Hon'ble Supreme
Court in Malaya Nanda Sethy vrs. State of Orissa and
others : reported in 2022(II) OLR(SC)-1, Suchitra Bal v.
State of Odisha and others in W.P.(C) No.2081 of 2021 &
batch decided on 27.06.2023 and State of Odisha and
others vs. Bindu Sagar Samantaray. Considering the
judgment of this Court as well as the Hon'ble Supreme
Court, the order of rejection under Annexure-8 is hereby
quashed and the matter is remanded to Opposite Party
No.2. While considering the case of the Petitioner, the
Opposite Party No.2 shall take into consideration the
decision in the case of State of West Bengal-v.- Debabrata
Tewari reported in (2023 (3) SCALE-557, and pass a
reasoned and speaking order within two months from the
date of communication of this order. The decision so taken
be communicated to the Petitioner within two weeks
thereafter.
xxx xxx xxx"
6. 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."
7. 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.
8. 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.2-
Engineer-in-Chief, Water Resources, Odisha, Bhubaneswar
obtaining necessary acknowledgement with date and seal from the
said authority in that regard. The Engineer-in-Chief, Water
Resources 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: 21-Nov-2025 17:01:14
