Orissa High Court
State Of Odisha And Others vs Ajaya Kumar Bissoyi on 13 November, 2025
Bench: K.R. Mohapatra, Savitri Ratho
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.A. No.990 OF 2021
State of Odisha and Others .... Appellant
Mr. Siba Narayan Biswal,
Additional Standing Counsel
-versus-
Ajaya Kumar Bissoyi .... Respondent
Mr.Sidheswar Mallick, Advocate
CORAM:
JUSTICE K.R. MOHAPATRA
JUSTICE SAVITRI RATHO
ORDER
Order No. 13.11.2025
02. 1. This matter is taken up through hybrid mode.
2. This Intra Court Appeal has been filed assailing the order
dated 13th August, 2021 passed in W.P.(C) No.23402 of 2021.
3. Mr. Biswal, learned Additional Standing Counsel
submits that the Respondent had filed W.P.(C) No.23402 of
2021 with a prayer to set aside the order dated 18th June, 2020
and to issue direction to the Opposite Parties therein to consider
his case for compassionate appointment in place of his deceased
father under the Odisha Civil Service (Rehabilitation
Assistance) Rules, 1990 instead of Odisha Civil Services
(Rehabilitation Assistance) Rules, 2020.
4. Learned Single Judge relying upon the decision in
W.P.(C) No.10168 of 2021 (K. Shibaram Dora Vrs. State of
Odisha and Others) and W.P.(C) No.8486 of 2021
(Subhashree Acharya Vrs. State of Odisha and Others) as well
as the judgment of Apex Court in Canara Bank & Another
Vrs. M. Mahesh Kumar and two other matters reported in
(2015) 7 SCC 412 directed the Collector and District
Magistrate, Nabarangpur to consider the case of the Petitioner
for appointment under Rehabilitation Assistance Scheme in
terms of the provision of Odisha Civil Service (Rehabilitation
Assistance) Rules, 1990 with amended Rule, 2016. Being
aggrieved, this Writ Appeal has been filed by the State of
Odisha and Others.
5. In course of hearing, Mr. Biswal, learned Additional
Standing Counsel submits that pursuant to the direction of
Hon'ble Supreme Court in Civil Appeal No.5842 of 2025 (State
of Odisha & Ors. Vrs. Jita Luha), the Odisha Civil Services
(Rehabilitation Assistance) Rules undergone further
amendment in 2025 and named as Odisha Civil Services
(Rehabilitation Assistance) Amendment Rules, 2025 (for
brevity, 'the 2025 Rules').
5.1. It is further submitted that the Appellants have no
difficulty to consider the case of the Appellant in terms of Rule
6(9) of 2025 Rules, which reads as under:-
"(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 the
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,
1990.
(b) In case the death of Government
employee occurred prior to commencement of
the Odisha Civil Service (Rehabilitation
Assistance) Amendment Rules, 2016, shall be
dealt on the basis of distress certificate
available in the existing or original application
as per the Odisha Civil Service (Rehabilitation
Assistance) Rules, 1990.
(c) 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, the
appointing authority shall ascertain the present
financial distress of the family by calling for a
report from Collector of the district in which the
family ordinarily resides, as to whether the
family is in financial distress as per the
provisions of rule 8 of the Odisha Civil Service
(Rehabilitation Assistance) Rules, 1990.
Explanation for the distress certificate
prescribed under clause (c)-
The total annual family income from all
sources excluding Family pension and
temporary increase must not exceed
Rs.1,91,000/- (Rupees One Lakh and Ninety
One Thousand) for a family to be in a 'distress
condition.'
5.2. He, therefore, submits that the Writ Appeal may be
disposed of directing to consider the case of the Respondent in
terms of Rule-6(9) of 2025 Rules modifying the order of the
learned Single Judge suitably.
6. Mr. Mallick, learned counsel for the Respondent does
not have any objection to the same. It is his submission that the
Respondent is deprived of getting appointment under the
Rehabilitation Assistance Scheme since 2018. Hence, he
submits that the case of the Respondent may be considered at
an early date.
7. Taking note of the submission made by learned counsel
for the parties, this Court without delving further into the merits
of the case of either of the parties directs that the case of the
Respondent shall be considered by the Appellant No.2
(Collector and District Magistrate, Nabarangpur) in terms of
Rule 6(9) of 2025 Rules as expeditiously as possible, preferably
within a period of six months, from the date of production of
certified copy of this order and decision taken thereon shall be
communicated to the Respondent forthwith.
8. With the modification, as aforesaid in the order dated
13th August, 2021 in W.P.(C) No.23402 of 2021, the Writ
Appeal is disposed of accordingly.
(K.R. Mohapatra)
Judge
(Savitri Ratho)
Judge
Himansu
Signed by: HIMANSU SEKHAR DASH
