IN THE HIGH COURT OF ORISSA AT CUTTACK

WA No.1400 of 2024

State of Odisha and others …. Appellants

Represented By Adv. –

Mr. J.K. Bal, AGA

-versus-

Prabhat Ranjan Behera …. Respondent

Represented By Adv. –

Mr. Ranjit Mohanty, Advocate

CORAM:

JUSTICE MANASH RANJAN PATHAK JUSTICE MRUGANKA SEKHAR SAHOO

ORDER

06.01.2026

(Hybrid Mode)

Order No.

I.A. No.3652 of 2024

02.

1. The appellants-State challenges the order dated 17.10.2023 passed in W.P.(C) No.33745 of 2023. The appeal has been filed

after brooking reported delay of 187 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 appeals have 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.1400 of 2024

4. The writ appeal has been filed by the appellants–State challenging order dated 17.10.2023 passed by the learned Single Judge in W.P.(C) No.33745 of 2023. The operative portion of the order dated 17.10.2023 is reproduced herein:

“xxx xxx xxx

6. Considering the submissions made by the learned counsels appearing for the respective parties, this Court deems it proper to dispose of the application at the stage of admission by setting aside the impugned letter/order dated 04.02.2021 passed by the Deputy Secretary to Government of Odisha, Department of Women & Child Development and Mission Shakti under Annexure-14 and the order dated 27.07.2021 passed by the Opposite Party No.4-District Welfare Officer, Ganjam, Chatrapur under Annexuere-16 and further remand the matter back to the Opposite Party No.1 to consider the application of the Petitioner afresh in the light of the law laid down by the Hon’ble Supreme Court in Malaya Nanda Sethy’s case (supra), Debabrata Tiwari’s case (supra), Suchitra Bal’s case and Bindusagar Samantaray’s case (supra); and also taking into consideration the recommendation of the Evaluation Committee dated 27.6.2019 communicated to the Government vide letter dated 14.8.2019 under Annexure-7 Series to the writ petition, and the Petitioner is directed to approach the Opposite Party No.1 along with certified copy of this order within a period of three weeks from today. On appearance of the Petitioner, Opposite Party No.1 shall do well to consider the case of the Petitioner and dispose of the matter by passing a speaking and reasoned order in accordance with law within a period of two months from the date of receipt of certified copy of this order. Any decision so taken on the same shall be communicated to the Petitioner within a period of ten days thereafter.

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 appointment under Rehabilitation Assistance Scheme:

Provided that in case the death of Government employee occurred on or after commencement of the Odisha Civil Service (Rehabilitation Assistance)Amendment Rules, 2016 and before commencement of the Odisha Civil Services (Rehabilitation Assistance)Rules, 2020, shall be governed by the provisions of the Odisha Civil Service (Rehabil