Page 1 of 4. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.4917 of 2026 Prasanti Chhatoi ..... Petitioner Represented by Adv. - Biswabihari Mohanty -versus- State Of Odisha & others ..... Opposite Parties Represented by Adv. – Mr. C.M. Singh, ASC CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 13.02.2026 Order No. 01 . 1. This matter is taken up through Hybrid mode. 2. Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State. Perused the Writ Petition as well as the documents annexed thereto. 3. The Petitioner has filed the present writ application with the following prayer: “Under the above circumstances, it is humbly prayed that this Hon'ble Court may graciously be pleased to issue a writ in appropriate nature to issue appointment order in favour of the petitioner as against the post of Junior Clerk against the vacancies available under the Opp. Party No.3 as per the recommendation made by Govt. in S & ME Deptt. in Letter dated 30.08.2010 communicated by D.S.E.(O) dated 27.09.2010 under O.C.S. (R.A.) Rules 1990 from the date others placed below Sl. No.l3 of list dated 30.08.2010 were appointed as Junior Clerk with all service and financial benefits by suitably modifying the order of appointment dated 29.01.2026 forthwith and this Ho under Annexure- 11 and Hon'ble Court may graciously be Page 2 of 4. pleased further to quash the order of appointment dated 29.01.2026 so far as the decision to appoint the petitioner as a Group-D (Peon) by applying O.C.S. (R.A.) Amendment Rules 2025 is concerned. And pass any other order/orders, direction/direction as would be deemed fit and proper be issued.” 4. Learned counsel for the Petitioner at the outset contended that the father of the Petitioner while working in government service died in harness on 11.07.2000. Thereafter, the Petitioner, being one of the legal heirs, applied an application for appointment on compassionate ground under the OCS (RA) Rules, 1990. He further submitted that although the name of the Petitioner was recommended for issuance of appointment by Directorate of Secondary Education Orissa, Bhubaneswar on 27.09.2010. However, the Petitioner was denied appointment by the Inspector of Schools on the grounds that her marital status had changed in the meantime, by virtue of letter dated 06.05.2011. Thereafter, the Petitioner approached the learned Administrative Tribunal by filing O.A. No.359(C)/2012, which was disposed of vide order dated 20.03.2018. Thereafter, the Petitioner approached this Court by filing W.P.(C) No.11634 of 2020. 5. By order dated 01.02.2023, this Court setting aside the order of the Tribunal and directing to extend the benefit to the Petitioner as has been directed in the case of Kshirabadi Bala Behera Vrs. Orissa Administrative Tribunal. He further submitted that in the meantime the Government has decided to implement the order passed by this Court in W.P.(C) No.11634 of 2020. No appointment letter has been issued, being aggrieved by such inaction on the part of the Opposite Parties, the Petitioner was compelled to approach this Court again by filing the present Writ application. Page 3 of 4. 6. Learned Counsel for the Petitioner in course of the argument referred to the notification of the GA & PG Department dated 04.04.2025 has been issued by amending the OCS (RA) Rules, 1990 in terms of the Hon’ble Supreme Court Judgment dated 02.05.2025. In such view of the matter learned counsel for the Petitioner at the outset contended that the Petitioner is squarely covered under the provisions of the OCS (RA) Rules, 1990 as amended by notification dated 04.04.2025. 7. In view of the aforesaid amendment vide notification dated 04.04.2025 the State of Odisha has taken a policy decision to decide all pending applications that the date of the demise of the Government Employee has occurred prior to the year 2020, is to be considered under the old Rules i.e., the OCS (RA) Rules, 1990. In such view of the matter, learned counsel for the Petitioner contended that the Petitioner is eligible to be considered for appointment as under the OCS (RA) Rules, 1990. 8. Learned counsel for the State on the other hand contended that there is no specific instruction in the matter. However, he further submitted that in the event the Petitioner is directed to approach the Opposite Party No.3 for reconsideration of his plea for appointment on compassionate ground, he will have no objection to the same. 9. Having heard the learned counsel appearing for the parties, on a careful examination of the background facts, further taking into consideration the order passed by this Court earlier on 01.02.2023 in W.P.(C) No.11634 of 2020 and further taking note of the notification dated 04.04.2025, the present writ petition is disposed of by directing the Petitioner to approach the Opposite Party No.3. In such eventually, the Opposite Party No.3 shall consider the prayer of Page 4 of 4. the Petitioner in terms of the notification as well as the judgment of this Court and the Hon’ble Supreme Court. Since there is a recommendation made to Opposite Party No.1 and 3 to consider the case of the Petitioner for appointment to an appropriate post as per his educational qualification, the Opposite Party No.3 shall do well to consider the case of the Petitioner as expeditiously as possible keeping in view the aforesaid judgments relied upon by the Petitioner and dispose of the same within a period of three months from the date of communication of certified copy of this order by passing a speaking and reasoned order. While considering the application of the Petitioner, the Opposite Party No.3 shall also take into consideration the Judgment of this Court in Manmohan Biswal and Ors. Vrs. State of Odisha & Ors. decided in WPC (OAC) No.3829 of 2015 vide Judgment dated 27.01.2022. It is further directed that the case of the Petitioner shall be considered independently, on its own merit, without being influenced by the appointment letter at Annexure-11 to the writ application. The final decision so taken by Opposite Party No.3 be communicated to the Petitioner within 10 days thereafter. 10. With the aforesaid observation, the writ application stands disposed of. 11. Issue urgent certified copy of this order as per Rules. ( Aditya Kumar Mohapatra ) Judge Suchitra