Disposed

Sanjit Kumar Das v. State of Odisha

Orissa HC8 Sept 2025WP(C)/11202/2021

Case brief

AI extract

What is this about?

Writ petition challenging rejection of compassionate appointment claim rejected under OCS (RA) Rules, 2020. Court quashed the rejection order in light of the OCS (Rehabilitation Assistance) Amendment Rules, 2025 and remitted the matter to Opposite Party No.3 for fresh decision within two months.

What did the court decide?

Impugned rejection order dated 20.07.2020 quashed; matter remitted to Opposite Party No.3 for fresh decision under the 2025 Amendment Rules within two months.

Sanjit Kumar Das Vs State of Odisha — Pension and Retirement Benefits | Orissa HC (2025)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

W.P. (C ) No.11202 of 2021

¶3

Sanjit Kumar Das

¶4

Petitioner

¶5

Mr. T. Panigrahi, Adv.

¶6

-versus-

¶7

State of Odisha & Others …. Opp. Parties Mr. C.K. Pradhan, AGA

¶8

CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY

¶9

ORDER

¶10

Order No. 08.09.2025

¶11

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

¶12

2. Heard learned counsel appearing for the parties.

¶13

3. The present Writ Petition has been filed inter alia challenging the rejection of the Petitioner's claim to get the benefit of appointment under the provisions of Rehabilitation Assistance Scheme vide order dtd.20.07.2020 under Annexure-5. Vide the said order, claim of the Petitioner was rejected by Opposite Party No.3, relying on the provisions contained under the OCS (R.A) Amended Rules, 2020.

¶14

4. Learned counsel appearing for the Petitioner contended that on the death of his father on 19.11.2019 as found from Annexure-2, Petitioner made the application to get the benefit of appointment under

¶15

// 2 //

¶16

the provisions of Rehabilitation Assistance Scheme within the prescribed time period.

¶17

4.1. It is contended that even though such an application was made prior to coming into force of the OCS (RA) Amended Rules, 2020, but without following the rules prevailing at the time of death of the deceased employee, claim of the Petitioner was rejected vide the impugned order relying on the 2020 Amended Rules.

¶18

4.2. It is contended that in the meantime OCS (RA) Amended Rules has been amended vide Notification dtd.04.04.2025 and as per OCS (Rehabilitation Assistance) Amendment Rules, 2025, the following amendment has been carried out:-

¶19

1. The RA applications where the date of death of Government employee is prior to the commencement of the Odisha Civil Services (Rehabilitation Assistance) Rules, 2020 and have been rejected under the OCS (RA) Rules, 2020 shall be re-considered following the rules prevailing on the date of death of Government employee for appointment under Rehabilitation Assistance Scheme.

¶20

2. Those RA applications which are sub-judice in the Hon'ble Court and can be addressed as per the Odisha Civil Services (Rehabilitation Assistance) Amendment Rules, 2025 may be reconsidered following provisions prescribed under this Amendment Rule.

¶21

3. The RA appointment can be provided against the available Group-C/Group-D vacancies following the Rule provisions prevailing on the date of death of Government employee."

¶22

Page 2 of 4

¶23

// 3 //

¶24

4.3. It is contended that in view of the Notification issued on 04.04.2025 and the clarification issued vide letter 13.06.2025, rejection of the Petitioner's claim relying on OCS (Rehabilitation Assistance Amended Rules, 2000, is required to be reconsidered in terms of the provisions contained under OCS (Rehabilitation Assistance) Amendment Rules, 2025. It is accordingly contended that the matter be remitted to Opposite Party No.3 to take a fresh decision on the Petitioner's claim relying on the provisions contained under OCS (Rehabilitation Assistance) Amendment Rules, 2025 and the clarification issued on 13.06.2025 with quashing of the impugned rejection dt.20.07.2020 under Annexure-5.

¶25

5. Learned All Govt. Advocate for the State does not dispute the contentions raised by the learned counsel appearing fee the Petitioner.

¶26

6. Having heard learned counsel appearing for the Parties and considering the submissions made, this Court finds that on the death of the Petitioner's father on 19.11.2019, Petitioner made the application to get benefit of appointment under the R.A. Scheme. As found from the impugned order dtd.20.07.2020 under Annexure-5, claim of the Petitioner has been rejected relying on the provisions contained under OCS (Rehabilitation Assistance) Amended Rules, 2020.

¶27

Page 3 of 4

¶28

// 4 //

¶29

6.1. Placing reliance on the Notification issued on 04.04.2025 and the clarification issued by the G.A Department on 13.06.2025, this Court is of the view that claim of the Petitioner requires a re-consideration in terms of the provisions contained under OCS (Rehabilitation Assistance) Amendment Rules, 2025.

¶30

6.2. In view of the aforesaid analysis, this Court is inclined to quash order dtd. 20.07.2020 so passed by Opposite Party No.3 under Annexure-5. While quashing the said order, this Court remits the matter to Opposite Party No.3 to take a fresh decision on the Petitioner's claim relying on the provisions contained under OCS (Rehabilitation Assistance) Amendment Rules, 2025 and the clarification issued on 13.06.2025. Such a fresh decision be taken within a period of two (2) months from the date of receipt of this order with due communication to the Petitioner.

¶31

6.3. Accordingly, the Writ Petition stands disposed of.

¶32

sangita

¶33

(Biraja Prasanna Satapathy) Judge

¶34

Signature Not Verified

¶35

Digitally Signed Signed by: SANGITA PATRA Reason: authenticiton of order Location: high court of orissa, cut tack Date: 09-Sep-2025 18:37:13

¶36

Page 4 of 4