State of Odisha Vs Digdarshan Das

1. The appellants-State challenges the order dated 21.05.2024 passed in W.P.(C) No.12884 of 2024. The appeal has been filed after a reported delay of 71 days.

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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.

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3. Delay in filing the appeal is condoned. I.A. is favoured and disposed of.

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W.A. No.2409 of 2024

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4. The writ appeal has been filed by the appellant–State challenging order dated 21.05.2024 passed by the learned Single Judge in W.P.(C) No.12884 of 2024. The operative portion of the order dated 21.05.2024 is reproduced herein:

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“xxx xxx xxx

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5.Considering the submissions made and the fact that the deceased employee died on 10.03.2019, rejection of the petitioner’s claim to get the benefit relying on the amended provisions, 2020 is not sustainable in the eye of law.

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6. Therefore, this Court is inclined to quash the rejection of the Petitioner’s claim so intimated under Annexure-8. While quashing the same, this Court directs O.P. No.3 to take a decision in the light of the decision in the case of Malaya Nanda Sethy as well as in the case of Bindusagar Samantray, within a period of 6 (six) weeks from the date of receipt of this order with due intimation to the petitioner.

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5. Both the sides in all fairness submit that now vide notification dated 4^th 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 :

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“2. In the Odisha Civil Services (Rehabilitation Assistance) Rules,2020 (hereinafter referred to as the “said rules”), in rule 6,—

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(i) for sub-rule (9), the following sub-rule shall be substituted, namely :—

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"(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:

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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.”

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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.

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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.3District Education Officer (DEO), Balasore obtaining necessary

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acknowledgement with date and seal from the said authority in that regard. The District Education Office 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.

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Now, no costs.

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(Manash Ranjan Pathak) Judge

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(Mruganka Sekhar Sahoo) Judge

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Radha/Gs

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Signature Not Verified

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Digitally Signed Signed by: RADHARANI JENA Reason: Authentication Location: OHC Date: 16-Sep-2025 16:48:53