Orissa High Court
State Of Odisha And Others vs Sunia Murmu on 11 September, 2025
Author: Mruganka Sekhar Sahoo
Bench: Mruganka Sekhar Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
WA No.2207 of 2024
State of Odisha and others .... Appellants
Represented By Adv. -
Mr. Debaraj Mohanty, AGA
-versus-
Sunia Murmu .... Respondent
Represented By Adv. -
Mr. Ranjit Mohanty, Advocate
CORAM:
JUSTICE MANASH RANJAN PATHAK
JUSTICE MRUGANKA SEKHAR SAHOO
ORDER
11.09.2025
(Hybrid Mode)
Order No. 1. The writ appeal has been filed by the appellant-State
04.
challenging order dated 15.12.2023 passed by the learned Single
Judge in W.P.(C) No.40492 of 2023. The operative portion of the
order dated 15.12.2023 is reproduced herein:
"6. Having heard the learned counsels appearing for the
respective parties, upon a careful consideration of the
submissions made, and on a careful examination of the
background facts of this case, as well as keeping in view
the position of law, this Court deems it proper to dispose of
the writ petition at the stage admission by setting aside the
impugned rejection order under Annexure-8 to the writ
application. Further, the matter is remanded back to the
Opposite Party No.2 to consider the matter afresh in the
light of the law laid down by the Hon'ble Supreme Court,
as well as this Court, as has been referred to hereinabove.
Moreover, while considering the application of the
petitioner, the opposite parties shall also consider the law
laid down by this Court in Malaya Nanda Sethy vrs. State
of Orissa and others : reported in 2022(II) OLR(SC)-1,
State of West Bengal-v.-Debabrata Tiwri reported in
(2023 (3) SCALE-557,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 in W.A.No.810 of 2021 and Biswajit
Swain vs. State of Odisha and others in W.P.(C) No.5214
of 2021 decided on 31.10.2023. Further, it is directed that
the Opposite Party No.2 shall do well to consider the case
of the petitioner, and dispose of the same strictly in
accordance with the law and in light of judgment of this
Court, as well as the Hon'ble Supreme Court, and the
judgment of the coordinate Bench in the earlier writ
application, and dispose of the representation of the
petitioner by passing speaking order within a period of two
months from the date of communication of the certified
copy of this order. Any final decision so taken, be
communicated to the petitioner within two weeks
thereafter."
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 three 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.5-
Additional Chief Engineer, Baripada, Irrigation Circle, Takatpur,
Baripada obtaining necessary acknowledgement with date and seal
from the said authority in that regard. The Additional Chief
Engineer, Baripada 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
(Mruganka Sekhar Sahoo)
Judge
Radha/Gs
