State of Odisha Vs Suryanarayan Behera

1. The I.A. has been filed for dispensing with filing of certified copy of the order dated 05.10.2023 passed by the learned Single Judge in W.P.(C) No.25576 of 2023. Since this is an intra-Court appeal records of the W.P.(C) No.25576 of 2023 shall be made available for reference.

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2. Registry is to do the needful. The I.A. is favoured and disposed of.

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I.A. No.5870 of 2024

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3. The I.A. has been filed for condonation of reported delay of 271 days in filing the appeal. It is agreed at the Bar that the delay can be condoned and the matter can be taken up on merits, in view

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of the fact that similar writ appeals have been taken up by this Bench and have been disposed of.

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Accordingly, the delay of 271 days in filing the appeal is condoned. I.A. is favoured and disposed of.

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W.A. No.2452 of 2024

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4. The writ appeal has been filed by the appellant–State challenging order dated 05.10.2023 passed by the learned Single Judge in W.P.(C) No.25576 of 2023. The operative portion of the order dated 21.05.2024 is reproduced herein:

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“xxx xxx xxx

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10. In such view of the matter, this Court deems it proper to quash the order dated 05.04.2023 under Annexure-13 series and the consequential order dated 06.04.2023. Accordingly, the case is remanded back to the Assistant Director, Horticulture, Khordha-Opposite Party No.4 to consider the case of the petitioner afresh in the light of the order passed by this Court in W.P.(C) No.37031 of 2022 dated 03.01.2023 as well as keeping in view the decision of the committee held on 26.06.2019 under Annexure-7 to the writ application. The said Opposite Party No.4 shall do well to consider the case of the Petitioner in the light of the aforesaid observation and dispose of the writ application of the petitioner within a period of six weeks from today. Decision so taken be communicated to the petitioner within two weeks after.

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xxx xxx xxx”

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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.3-

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Director of Horticulture, Odisha, Bhubaneswar obtaining necessary acknowledgement with date and seal from the said authority in that regard. The Director, Horticulture, Odisha 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: 19-Sep-2025 17:03:27