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2024 DAILYLAW 1011 (ORI)

K. PRADEEEP KUMAR REDDY v. STATE OF ODISHA

WP(C)/7355/2024 · 2026-03-05

Biraja Prasanna Satapathy

Writ Petition (Civil)body2024

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.7355 of 2024 K. Pradeep Kumar Reddy …. Petitioner Mr. R. Mohanty, Advocate -versus- State of Odisha and Others …. Opposite Parties Mr. P.K. Panda, ASC CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY Order No. ORDER 05.03.2026 2. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode. 2. Heard learned counsel for the parties. 3. The present Writ Petition has been filed inter alia challenging the rejection of the petitioner’s claim to get the benefit of appointment under the Rehabilitation Assistance Scheme vide the impugned communication dated 11.05.2023 under Annexure-8 by Opp. Party No.3. 4. Learned counsel for the petitioner contended that on the death of the deceased employee on 04.12.2019 so reflected in Annexure-1, petitioner made the application to get the benefit of appointment under Rehabilitation Assistance Scheme under Annexure-2 series and the same was forwarded vide letter dated 10.06.2020 under Annexure-3. 4.1. However, relying on the provisions contained under OCS(R.A.) Amended Rules, 2020, claim of the petitioner was rejected vide the impugned communication dated 11.05.2023 under Annexure-8. 4.2. Placing reliance on the Notification issued by the Govt. in the G.A. and P.G. Department on 04.04.2025 and further notice issued on 11.06.2025, learned counsel for the petitioner contended that the ground on which petitioner’s claim has been rejected vide the impugned communication under Annexure-8, is no more sustainable. 4.3. It is accordingly contended that the matter be remitted to Opp. Party No.3 to take a fresh decision on the petitioner’s claim relying on the aforesaid Notification dated 04.04.2025 and letter dated 11.06.2025. 5. Learned Addl. Standing Counsel also fairly contended that since the deceased employee had died prior to issuance of the Notification notifying OCS(R.A.) Amended Rules, 2020, petitioner’s claim will be considered in the light of the Notification issued on 04.04.2025 and letter dated 11.06.2025. 6. Having heard learned counsel for the parties, considering the submissions made and the fact that petitioner’s claim has been rejected relying on the OCS(R.A.) Amended Rules, 2020, which is no more sustainable in view of the Notification dated 04.04.2025, this Court while quashing the impugned rejection so issued on 11.05.2023 under Annexure-8, direct Opp. Party No.3 to take a fresh decision on the petitioner’s claim taking into account the Notification issued on 04.04.2025 and letter issued on 11.06.2025, within a period of 2 (two) months from the date of receipt of this order with due communication to the petitioner. 7. The Writ Petition stands disposed of. (Biraja Prasanna Satapathy) Judge Basudev