IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.25192 of 2025 Sanghamitra Purohit …. Petitioner Mr. A.K. Barik, Advocate appearing on behalf of Mr. B.C. Ghadei, Advocate -versus-

State of Odisha & Ors. …. Opposite Parties Mr. S.P. Das, ASC CORAM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

12.12.2025 Order No.

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

2. On the oral prayer made by the learned counsel appearing for the Petitioner, he is permitted to correct the description of Opposite Party No.3 in Court today correctly.

3. Heard learned counsel appearing for the Parties.

4. The present Writ Petition has been filed challenging inter alia the rejection of the Petitioner’s claim to get the benefit of appointment under the provisions of Rehabilitation Assistance Scheme vide order dtd. 21.09.2024 under Annexure-1. 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)

4.1. Learned counsel appearing for the Petitioner contended that on the death of his father on dtd.11.08.2018 as found from Annexure-2, Petitioner made the application to get the benefit of appointment under the provisions of Rehabilitation Assistance Scheme on 16.11.2018 under Annexure-3.

4.2. 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 relying on the aforesaid 2020 Amended Rules.

4.3. It is contended that in the meantime OCS (RA) Amended Rules 2020 has been amended vide Notification dtd. 04.04.2025 and as per OCS (Rehabilitation Assistance) Amendment Rules, 2025 with the following amendment:-

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 under Rehabilitation Assistance appointment Scheme.

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 re-considered following provisions prescribed under this 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."

4.4. It is contended that in view of the Notification issued on 04.04.2025 and the clarification issued vide letter dtd. 13.06.2025, claim of the Petitioner so rejected relying on OCS (Rehabilitation Assistance) Amended Rules, 2020, is required to be reconsidered in terms of the provisions contained under OCS (Rehabilitation Assistance) Amendment Rules, 2025.

4.5. 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.

5. Learned Addl. Standing Counsel for the State does not dispute the contentions raised by the learned counsel appearing for the Petitioner.

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 11.08.2018, Petitioner made the application to get the benefit on 16.11.2018 under Annexure-3. As found from the impugned order dtd. 21.09.2024, claim of the Petitioner has been rejected relying on the provisions contained under OCS (Rehabilitation Assistance) 6.1. Placing reliance 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 the claim of the Petitioner requires a re- consideration under the