Date of Employee’s Death Relevant Factor While Seeking Appointment As Per Rehabilitation Assistance Scheme: Supreme Court Upholds Orissa High Court Decision

The Supreme Court upheld the Orissa High Court judgment that held that the date of death of employee is a relevant factor to be considered under rehabilitation assistance/appointment scheme.

The Supreme Court dealt with a batch of appeals regarding grant of appointment under the Odisha Civil Services Rehabilitation Assistance Rules.

A Bench of Justice J.K. Maheshwari and Justice Aravind Kumar observed, “After hearing the learned Advocate General and learned advocates appearing for respondents and bestowing our consideration, in our view, the directions issued in the order impugned finds force from the amended rules notified on 04.04.2025 referred above. Therefore, we are inclined to maintain the order of the High Court and to dispose of all these appeals with the following directions…On receiving the applications as mentioned above, the appropriate authority shall examine the cases of individual respondent in terms of the 2025 amended rules and pass appropriate order. It is needless to say that the applications, so filed, shall not be rejected on technical grounds and shall be considered sympathetically strictly in accordance with the Rules.”

Case Brief

The Respondents had filed writ petitions before the High Court of Orissa seeking appointment on compassionate ground under the Odisha Civil Service (Rehabilitation Assistance) Rules, 1990 ( 1990 Rules) which regulate recruitment to the state civil services and posts as a measure of rehabilitation assistance. The said rules made the member of the family of deceased employee eligible for appointment on compassionate grounds in case the family is in financial distress.

Later, in 2016 and 2020, the Rules were amended. However, the contentions of the Respondents before the High Court of Orissa was regarding the decision of State to deal with the application of rehabilitation assistance in accordance with 2020 rules in the cases where employees have died during subsistence of 1990 Rules.

The High Court of Orissa emphasised that the date of death of the deceased employee would be a relevant factor and the case of the Respondents shall be considered applying the 1990 Rules and not as per 2020 Rules. Thus, being aggrieved by the same, the State preferred appeal before the Supreme Court.

Court’s Analysis

The question before the Supreme Court was whether directions issued by the High Court in the order warrants interference in view of the Odisha Civil Services (Rehabilitation Assistance) Rules, 2020?

The Court noted that the Advocate General gave an assurance regarding formulation of a new policy with the intent to provide benefit to the Respondents as directed by the High Court under the rules prevalent at the time of death of the employee. Thereafter, the amendment rules which were notified on April 4, 2025, by the General Administration & Public Grievance Department of the State of Odisha.

“Learned Advocate General appearing for the State has assured that the officers of the State shall apply the notification dated 04.04.2025 referred above mutatis mutandis in the case of all the respondents and the dispute regarding the grant of appointment under the 2025 rules as applicable on the date of death would be considered in terms of the directions, if any, issued by this Court”, the Court said.

Thus, the Court held that they were inclined to maintain the order of the High Court and to dispose of all these appeals with the following directions, among others:

1. On receiving the applications as mentioned above, the appropriate authority shall examine the cases of individual respondent in terms of the 2025 amended rules and pass appropriate order. It is needless to say that the applications, so filed, shall not be rejected on technical grounds and shall be considered sympathetically strictly in accordance with the Rules.

2. In case the post is available, the competent authority shall pass an order of appointment, otherwise the procedure as prescribed in the relevant rules shall be followed and thereafter the respondents be permitted to join their duties within the time specified.

3. The appointment already granted by the Government extending the benefit of Rehabilitation Assistance Scheme shall remain unaffected by the directions as contained hereinabove.

Further, in case the claim of individual respondent is rejected by the authorities, they are at liberty to take recourse of law as is permissible. The directions as issued would apply mutatis mutandis in all pending cases.

Accordingly, writ petitions before High Court as well as appeals before the Supreme Court were disposed of.

Cause Title: State Of Odisha & Ors. V. Jita Luha (2025 INSC 813)

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