LexSTATE OF ODISHA & ORS. versus JITA LUHA
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[2025] 5 S.C.R. 2799 : 2025 INSC 813 State of Odisha & Ors. v. Jita Luha (Civil Appeal No. 5842 of 2025) 02 May 2025 [J.K. Maheshwari* and Aravind Kumar, JJ.] Issue for Consideration Issue arose whether directions issued by the High Court regarding grant of rehabilitation assistance/appointment under the Odisha Civil Service (Rehabilitation Assistance) Rules, 1990 warrants interference in view of the Odisha Civil Services (Rehabilitation Assistance) Rules, 2020. Headnotes† Odisha Civil Service (Rehabilitation Assistance) Rules, 1990 – rr.2(b), 8 – Odisha Civil Services (Rehabilitation Assistance) Rules, 2020 – rr.6, 6(9) – Odisha Civil Services (Rehabilitation Assistance) Amendment Rules 2025 – r.9(a), (b), (c) – Rehabilitation assistance/appointment – Grant of – 1990 Rules to regulate recruitment to the state civil services and posts as a measure of rehabilitation assistance – Said Rules applicable to the member of the family – Thereafter, 2020 Rules were notified whereby it was made clear that pending cases as on the date of these Rules to be dealt with in accordance with provision of 2020 Rules – Writ petitions by the respondents aggrieved with the application of rehabilitation assistance in accordance with 2020 Rules in the cases where employees have died during subsistence of 1990 Rule – High Court issued directions clarifying that the date of death of the deceased employee would be relevant factor and the case of the respondents to be considered applying the 1990 Rules and not as per 2020 Rules – Appeals by the State challenging the said direction – During pendency, 2025 Rules notified – Issuance of directions by Supreme Court: Held: Directions issued by the High Court finds force from the amended rules notified in 2025, and is maintained – Respondents at * Author 2800 [2025] 5 S.C.R. Supreme Court Reports liberty to submit an application, if not submitted, to the jurisdictional authorities along with requisite documents – Where application has already been submitted, additional documents to be submitted to the authority, if required – On receiving the applications the appropriate authority to examine the cases of individual respondents in terms of the 2025 amended rules and pass appropriate order – Said applications not be rejected on technical grounds and to be considered sympathetically strictly in accordance with the Rules – In case the post is available, the competent authority to pass an order of appointment, otherwise the procedure as prescribed to be followed and thereafter the respondents be permitted to join their duties within the time specified – Appointment already granted by the Government extending the benefit of Rehabilitation Assistance Scheme to remain unaffected by the said directions – Individual respondent at liberty to take recourse of law as permissible, in case their claim is rejected by the authorities – Said directions to apply mutatis mutandis in all pending cases. [Para 12] List of Acts Odisha Civil Service (Rehabilitation Assistance) Rules, 1990; Odisha Civil Services (Rehabilitation Assistance) Rules, 2020; Odisha Civil Services (Rehabilitation Assistance) Amendment Rules 2025; Constitution of India. List of Keywords Appointment on compassionate ground; Recruitment to State Civil Services; Rehabilitation assistance; Family in financial distress; Available vacancy; Date of death of deceased; Schools and colleges not governed by block grant; Rehabilitation Assistance Scheme. Case Arising From CIVIL APPELLATE JURISDICTION: Civil Appeal No. 5842 of 2025 From the Judgment and Order dated 27.06.2023 of the High Court of Judicature at Orissa at Cuttack in WP(C) No. 2070 of 2021 With: Civil Appeal Nos. 5843, 5844, 5845, 5846, 5847, 5848, 5849, 5850, 5851, 5852, 5853, 5854, 5855, 5856, 5857, 5858, 5859, 5860, 5861, 5862, 5863, 5864, 5865, 5866, 5867, 5868, 5869, 5870, 5871, 5872, 5873, 5874, 5875, 5876, 5877, 5878, 5879, [2025] 5 S.C.R. 2801 State of Odisha & Ors. v. Jita Luha 5880, 5881, 5882, 5883, 5884, 5885, 5886, 5887, 5888, 5889, 5890, 5891, 5892, 5893, 5894, 5895, 5896, 5897, 5898, 5899, 5900, 5901, 5902, 5903, 5904, 5905, 5906, 5907, 5908, 5909, 5910 5911, 5912, 5913, 5914, 5915, 5916, 5917, 5918, 5919, 5920, 5921, 5922, 5923, 5924, 5925, 5926, 5927, 5928, 5929, 5930, 5931, 5932, 5933, 5934, 5935, 5936, 5937, 5938, 5939, 5940, 5941, 5942, 5943, 5944, 5945, 5946, 5947, 5948, 5949, 5950, 5951, 5952, 5953, 5954, 5955, 595
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