Court directs timely appointment under amended rules for compassionate grounds based on government recommendations, emphasizing proper administrative procedure.

JUDGMENT :

A.K. Mohapatra, J.

Facts of W.P.(C) No.30655 of 2025

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

2. Heard learned counsel for the Petitioners as well as learned Additional Government Advocate for the State. Perused the writ application as well as the documents annexed thereto. Since both the writ petitions involve a common question of law, both the applications are taken up together for hearing and disposal.

3. By filing the present writ application, the Petitioners have prayed 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 0pp. 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-11 as well as letter dtd.23.05.2025 issued by the Government of Odisha, School and Mass Education Department under Annexure-13. In terms of the Judgment dtd.02.05.2025 passed in SLP bearing Dy. No.28936 of 2024 (Civil Appeal No. 6100 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;

And for this act of kindness, the petitioner as in duty bound shall ever pray”

4. Learned counsel for the Petitioner at the outset contended that the father of the Petitioner was working in aided education institution as against an approved post. He was appointed on 19.01.1996 while working in the aided education institution, the father of the Petitioner died is harness on 15.06.2014. The Petitioner being one of the legal heirs applied for appointment on compassionate ground and the application was filed within the period of limitation as prescribed in the RA Rule. Learned counsel for the Petitioner further submitted that along with his application the Petitioner has also submitted the death certificate of his father as well as the legal heir certificate issued by the competent authority.

5. While the matter stood thus, on 29.04.2021 the District Office sent a letter to the Office of the Tahasildar, Raruan for an inquiry with regard to the matter of appointment of the Petitioner on compassionate ground. Learned counsel for the Petitioner further contended that after considering the application submitted by similarly situated candidates for appointment on compassionate ground, the name of the Petitioner was shortlisted for being considered for appointment under the R.A. scheme.

W.P.(C) No.30659 of 2025

6. So far as the factual background of the case is concerned, the Petitioner was appointed on 19.01.1996. While working in the aided educational institution, the father of the Petitioner died in harness on 07.03.2002 and the death certificate and legal heirs certificates are issued to the Petitioner. Thereafter, the District Education officer, Mayurbhanja vide its office order dated 16.02.2019 issued a draft merit list for appointment under Rehabilitation Assistance scheme for approved wherein the petitioner's name finds place at Sl.No.17.

7. While this was the position, the Petitioners being aggrieved by the delay in giving him appointment on compassionate ground approached