Rakesh Kumar Mishra vs State Of Odisha & Ors. ..... Opposite ...
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Orissa High Court

Rakesh Kumar Mishra vs State Of Odisha & Ors. ..... Opposite ... on 7 March, 2026

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                              WP(C) No.6999 of 2026
            Rakesh Kumar Mishra           .....      Petitioner
                                                             Represented by Adv. -
                                                             Sushanta Kumar Mishra

                                           -versus-
            State of Odisha & Ors.                .....           Opposite Parties
                                                             Represented by Adv. -
                                                             U.C. Jena, A.S.C.

                                CORAM:
                  THE HON'BLE MR. JUSTICE ADITYA KUMAR
                              MOHAPATRA

                                          ORDER

07.03.2026 Order No.

01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2. Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State-Opposite Parties. Perused the Writ Petition as well as the documents annexed thereto.

3. By filing the present writ application the Petitioner has sought for the following relief:

"It is, therefore, prayed that in the interest of justice this Hon'ble Court may graciously be pleased to;

i) Admit the writ Application.

ii) Call for the records.

iii) Issue a Writ in the nature of Mandamus by directing the Opp. Parties to appoint to the petitioner under Rehabilitation Assistance Scheme as per provision laid down in the Odisha Civil Service (Rehabilitation Assistance Scheme) Rules-1990 with the amended Rules-

2025 Pursuant to the Government of Orissa, General Administration Department Notification dtd.04.04.2025 under Annexure-6 & recommendation letter dtd.23.05.2025 issued by the Government of Odisha, School and Mass Education Department under Annexure-8. In terms of the Judgment dtd.02.05.2025 passed in SLP bearing SLP.Diary No.3790 of 2024 (Civil Appeal No. 5896 of 2025) along with a batch of cases by the Hon'ble Supreme Court of India within a stipulated period.

And/or pass any other appropriate order/orders, direction/directions as the Hon'ble Court may deem fit and proper in the interest of justice."

4. Learned counsel for the Petitioner at the outset contended that the father of the Petitioner, namely, late Rajendra Narayan Mishra, who was working as Peon in a school under the control of Opposite Party No.3 on being initially appointed on 16.05.1988. He further submitted that while discharging his duties, the father of the Petitioner died in harness on 14.10.2016. Thereafter, the Petitioner, being one of the legal heirs with the consent of other legal heirs, applied for appointment on compassionate ground under the OCS(RA) Rules, 1990 before the Opposite Party No.3 on 10.04.2017.

5. Since no action was taken on his application the Petitioner was compelled to approach this Court by filing W.P.(C) No.4419 of 2021. The said writ application was disposed of vide order dated 24.01.2023 thereby directing the Opposite Parties to consider the case of the Petitioner in the light of the judgment in Malaya Nanda Sethy vrs. State of Orissa and others : reported in 2022(II) OLR(SC)-1. He further contended that as against the order dated 24.01.2023, the State-Opposite Parties preferred a writ appeal

bearing W.A No.1051 of 2023 which was disposed of along with a batch of similar cases, the lead matter being State of Odisha & Others vs. Bindusagar Samantaray. As against the order passed by the Division Bench in the writ appeal, the State preferred an SLP before the Hon'ble Supreme Court bearing SLP(C) No.3809 of 2024 which corresponds to Civil Appeal No.5896 of 2025. The abovenoted civil appeal was disposed of along with a batch of civil appeals, i.e., in Civil Appeal No.5842 of 2025 vide judgment dated 02.05.2025 in the matter of State of Odisha & Ors. vs. Jita Luha.

6. In course of his argument, learned counsel for the Petitioner further contended that during the pendency of the abovenoted Civil Appeal before the Hon'ble Supreme Court, the Government of Odisha amended the OCS (RA) Rules, 2020 vide G.A Department notification dated 04.04.2025. In view of the aforesaid amendment, all pending applications are to be considered in terms of the provisions contained in OCS(RA) Rules, 1990. Accordingly, the Hon'ble Supreme Court disposed of the Civil Appeals in terms of the notification dated 04.04.2025.

7. Learned counsel for the Petitioner further contended that after disposal of the Civil Appeals by the Hon'ble Supreme Court including the one filed by the Petitioner, the Opposite Party No.1 recommended the case of the petitioner along with other similarly situated persons for appointment under the OCS (RA) Rules, 1990 vide their letter dated 23.05.2025 at Annexure-8. On perusal of the said Annexure, it appears that the name of the Petitioner appears against Sl. No.4 of the list appended to the letter dated 23.05.2025. Learned counsel for the Petitioner at this juncture contended that although persons whose name appear below the name of the

Petitioner in the said list have been given appointment on compassionate ground, however, the case of the Petitioner has not been considered by the Opposite Parties for such appointment. Learned counsel for the Petitioner specifically referred to the case of one Sri Bijay Kumar Mahanta, whose name appears at Sl. No.9 to the list attached to the Annexure-8. Under the aforesaid circumstances, the Petitioner was compelled to approach this Court by filing the present writ application challenging the inaction on the part of the Opposite Parties in not considering the case of the Petitioner for appointment on compassionate ground. In course of his argument, learned counsel for the Petitioner also relied upon the judgment in Tapaswini Mohakud vs. State of Odisha & Ors. (W.P.(C) No.30655 of 2025) & batch decided on 09.02.2026.

8. Learned Additional Standing Counsel for the State on the other hand contended that although he has no specific instruction in the matter. However, upon a careful scrutiny of the writ application it appears that the name of the Petitioner has already been recommended vide letter dated 23.05.2025 at Annexure-8. In such view of the matter, learned counsel for the Petitioner contended that in the event this Court directs the Opposite Party No.2 to consider the case of the Petitioner as has been recommended vide the letter at Annexure-8, in accordance with law and within a stipulated period of time, then he will have no objection to the same.

9. Having regard to the submissions made by learned counsels appearing for the both sides, on a careful examination of the background facts, further the documents annexed to the writ application, further taking note of the fact that the Petitioner's name has been recommended vide letter dated 23.05.2025 at Annexure-8

by the Department of School & Mass Education, Govt. of Odisha, this Court deems it proper to dispose of the Writ Petition at the stage of admission by directing the Opposite Party Nos.2 & 3 to consider the case of the Petitioner keeping in view the aforesaid letter dated 23.05.2025 as well as the Tapaswini Mohakud's case (supra) and take a final decision on the same within a period of eight weeks from the date of communication of certified copy of this order. The final decision so taken be communicated to the Petitioner within 10 days thereafter.

10. With the aforesaid observations/ directions, the writ application stands disposed of.

Issue urgent certified copy of this order as per Rules.

( A.K. Mohapatra ) Judge Anil

Designation: Junior Stenographer

Location: High Court of Orissa Date: 09-Mar-2026 14:53:28