The court reaffirmed that applications for compassionate appointments must be considered under rules applicable at the time of the deceased's death to avoid undue hardship, overriding newer rules that disadvantage earlier applicants.

JUDGMENT :

MURAHARI SRI RAMAN, J.

Aggrieved by Order dated 01.02.2024 passed in W.P.(C) No.1887 of 2024 by a learned Single Bench of this Court exercising extraordinary jurisdiction under Articles 226 and 227 of the Constitution of India, the writ appeal has been preferred by the State of Odisha and its functionaries.

Facts:

2. The record reveals that the father of the respondent while working as Forester under Divisional Forest Officer, Ghumsur North Division, Bhanjanagar-appellant No.4 died in harness on 25.03.2015, which led to making an application dated 08.02.2016 under Rule 8 of the Odisha Civil Services (Rehabilitation Assistance) Rules, 1990 (for short, “RA Rules, 1990”) before the competent authority and the respondent applied for the post of Forest Guard/Junior Clerk.

2.1. The appellant No.4 after lapse of four years, vide Letter dated 31.08.2018 taking shelter of Rule 8 of the RA Rules, 1990 as amended by virtue of the Odisha Civil Service (Rehabilitation Assistance) Rules, 2016 [General Administration Department Notification No.GAD-SC- RULES-0020-2015— 2335/Gen], dated 05.11.2016, prescribing new set of modalities directed the respondent to take test in Computer and English Skill test in the category of Group-C [Junior Clerk] for appointment under the RA Rules, 1990. As the Committee found him unsuitable for the said post, the application of the respondent was not accepted, which was intimated vide Letter dated 22.09.2018.

2.2. The respondent again made application dated 19.02.2019 for the post of “Forest Guard” which was taken up for consideration vide Letter Memo No.1908, dated 22.04.2020. The Division Forest Officer, Ghumsar North Division, Bhanjanagar, appellant No.4, by Letter dated 31.12.2020 directed the respondent to make application afresh as provided under newly introduced Rules, viz., the Odisha Civil Services (Rehabilitation Assistance) Rules, 2020, vide General Administration Department Notification No.5651-GAD-SC-RAS-0029- 2014/Gen., dated 17th February, 2020 [for convenience referred to as “RA Rules, 2020”].

2.3. Questioning propriety of issue of such direction, the petitioner citing the ruling of the Hon’ble Supreme Court of India rendered in the case of Malaya Nanda Sethy Vrs. State of Odisha, (2022) 4 SCR 707 the petitioner approached this Court in writ petition, registered as W.P.(C) No.1887 of 2024, which got disposed of by Order dated 01.02.2024, by a learned Single Bench with the following observation:

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6. Having heard learned counsels appearing for the respective parties, on a careful examination of the factual backgrounds of the present case as well as materials on record, this Court is of the considered view that the case of the petitioner is covered by the judgments referred to hereinabove, [Malaya Nanda Sethy Vrs. State of Orissa and others, 2022 (II) OLR (SC) 1 = (2022) 4 SCR 707 = 2022 INSC 617; State of West Bengal Vrs. Debabrata Tiwari , (2023) 3 SCALE 557 = (2023) 2 SCR 611 = 2023 INSC 202; Suchitra Bal Vrs. State of Odisha , in W.P.(C) No.2081 of 2021 & batch, disposed of on 27.06.2023 [2023 SCC OnLine Ori 7106] and State of Odisha and others Vrs. Bindusagar Samantaray , in W.A. No.810 of 2021, disposed of on 25.09.2023 [Orissa High Court.], accordingly, the same is required to be considered under the O.C.S. (RA) Rules, 1990. Therefore, the letter under Annexure-8 asking the petitioner to submit a fresh application pursuant to the GA & PG Department notification dated 17.02.2020 is without jurisdiction. In such view of the matter, this Court is of the considered view that the letter under Annexure-8 is unsustainable in law and accordingly the same is hereby quashed. Further, the opposite parties are directed to consider the case of the petitioner under the O.C.S. (RA) Rules, 1990 for giving appointment to the petitioner on c