IN THE HIGH COURT OF ORISSA AT CUTTACK WA No.3346 of 2024 State of Odisha and others …. Appellants Represented By Adv. –

Mr. J.K. Bal, AGA -versus-

Balakrushna Bhanja …. Respondent Represented By Adv. –

Mr. Chitta Ranjan Lenka, Advocate CORAM:

JUSTICE MANASH RANJAN PATHAK JUSTICE MRUGANKA SEKHAR SAHOO

ORDER

15.12.2025 (Hybrid Mode)

Order No.

I.A. No.8640 of 2024

03.

1. The appellants-State challenges the order dated 12.03.2024 passed in W.P.(C) No.5500 of 2024. The appeal has been filed after a reported delay of 245 days.

2. Having gone through the reasons stated in the application explaining the delay in approaching this Court, we are satisfied that adequate reasons have been shown for condonation of delay. Otherwise it is brought to our notice that similar writ appeal has been disposed of in view of the amendment brought in Odisha Civil Services (Rehabilitation Assistance)Rules, 2020 in the year 2025, by coordinate Bench.

3. Delay in filing the appeal is condoned. I.A. is favoured and disposed of.

W.A. No.3346 of 2024

4. The writ appeal has been filed by the appellant–State challenging order dated 12.03.2024 passed by the learned Single Judge in W.P.(C) No.5500 of 2024. The operative portion of the order dated 12.03.2024 is reproduced herein:

“xxx xxx xxx

8. In such view of the matter, this Court deems it proper to dispose of the writ application at the stage of admission by directing the Opposite Party No.3 to convene the examination the health condition of the wife of the deceased government employee. In the event it is found that the wife of the deceased government is unfit for any government job then by following the preferential list as provided in the rules the next eligible legal heir be called for and his application be considered for appointment on compassionate ground by following OCS (RA) Rules, 1990 keeping in view the judgment of the Hon’ble Supreme Court in the case of Malaya Nanda Sethy vrs. State of Orissa and others : reported in 2022(II) OLR(SC)-1 and State of West Bengal-v.-Debabrata Tiwri passed in Civil Appeal No.8842 of 2022 decided on 3^rd of March, 2023 reported in (2023 (3) SCALE-557 decided by the Hon’ble Supreme Court and the judgment of this Court in Suchitra Bal vs. State of Odisha & ors. by a Division Bench of this Court in W.P.(C) No.2081 of 2021 decided on 16.03.2023 as well as Bindusagar Samantaray vs. State of Odisha & ors. by a Division Bench of this Court in W.A. No.810 of 2021 decided on 25.09.2023. Further, it is directed that on production of a certified copy of this order by the petitioner within a period of three weeks from today, the Opposite Party No.3 shall do well to consider the matter afresh without being influenced by any earlier decision and further he shall consider the case of the Petitioner on any of the family members of the deceased govt. employees strictly in terms of the OCS (RA) Rules, 1990 by during regard to the observations made hereinabove within a period of eight weeks from the date of communication of a certified copy of this order. The final decision so taken by the Opposite Party No.3 be communicated to the petitioner within a period of two weeks from the date of taking such final decision.

xxx xxx xxx”

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 :

“2. In the Odisha Civil Services (Rehabilitation Assistance) Rules,2020 (hereinafter referred to as the “said rules”), in rule 6,—

(i) for sub-rule (9), the following sub-rule shall be substituted, namely :—

"(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 appointmen