IN THE HIGH COURT OF ORISSA AT CUTTACK W.A. No.2380 of 2024 State of Odisha & others …. Appellants Mr.U.C. Behura, AGA -versus- Santosh Kumar Hota …. Respondent CORAM: JUSTICE KRISHNA SHRIPAD DIXIT JUSTICE CHITTARANJAN DASH ORDER Order No. 01. 18.02.2026 State & its officials are knocking at the doors of this Court for assailing a learned Single Judge’s order dated 01.12.2023 whereby Respondent’s W.P.(C) No.5787 of 2021 having been favoured, the following relief has been accorded: “7. Having heard the learned counsels appearing for the respective parties, and on a careful examination of the background facts, this Court is of the considered view that the issue involved in the present writ application is with regard to the applicability of the rules. So far the applicability of the rule is concerned, the same has been discussed in a catena of judgments including Malaya Nanda Sethy vrs. State of Orissa and others : reported in 2022(II) OLR(SC)-1, State of Odisha and others vs. Bindu Sagar Samantaray in W.A.No.810 of 2021 and Suchitra Bal v. State of Odisha and others in W.P.(C) No.2081 of 2021 & batch decided on 27.06.2023, as well as in Biswajit Swain vs. State of Odisha & ors. in W.P.(C) No.5214 of 2021 decided on 31.10.2023, where it was categorically held that the application of the Petitioner in cases where the Government employee had died in harness before the 2020 Rule came into force, will be considered as per the old rules i.e. OCS (RA) Rules, 1990. In view of the aforesaid judgments of this Court, this Court deems it proper to quash the impugned rejection order dated 17.12.2020 under Annexure-6 and accordingly the same is hereby quashed. Further the matter is remanded back to opposite party no.4 to consider the matter afresh as per the aforesaid judgments and pass necessary orders strictly in terms of the aforesaid judgments within a period of two months from the date of communication of certified copy of this order by the petitioner. Final decision so taken be communicated to the petitioner within two weeks thereafter.” 2. The position of law, as obtained on the date of death of the employee in harness, has to be kept in view while processing the claim for compassionate appointment, said Apex Court more than a half of dozen times. This view animates the impugned judgment of the learned Single Judge. Despite vehement submission of learned AGA Mr. Behura, we do not find anything in variance with the declared position of law. We also notice that the death of the employee in harness happened during the operation of Odisha Civil Service (Rehabilitation Assistance) Rules, 1990 as un- amended. The 1990 Rules were repealed by a new set of Rules in 2020. In 2025 amendment, it is provided that the Rules that obtained when the death in harness happened would govern the claim for compassionate appointments. The impugned order of the learned Single Judge is structured with this animation. Page 3 of 3 In the above circumstances, the Appeal being devoid of merits is liable to be rejected and accordingly it is. The order of learned Single Judge shall be implemented within eight weeks. Registry to send copy of this order to the Respondent by speed post immediately. Web copy of order to be acted upon by all concerned. (Krishna Shripad Dixit) Judge (Chittaranjan Dash) Judge Basu Designation: ADDL. DY. REGISTRAR-CUM-ADDL. PRINCIPAL SECRETARY