STATE OF ODISHA & ORS.versusJITA LUHA

                [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.

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    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, 5956, 5957, 5958, 5959,
     5960, 5961, 5962, 5963, 5964, 5965, 5966, 5967, 5968, 5969,
     5970, 5971, 5972, 5973, 5974, 5975, 5976, 5977, 5978, 5979,
     5980, 5981, 5982, 5983, 5984, 5985, 5986, 5987, 5988, 5989,
     5990, 5991, 5992, 5993, 5994, 5995, 5996, 5997, 5998, 5999,
     6000, 6001, 6002, 6003, 6004, 6005, 6006, 6007, 6008, 6009,
     6010, 6011, 6012, 6013, 6014, 6015, 6016, 6017, 6018, 6019,
     6020, 6021, 6022, 6023, 6024, 6025, 6026, 6027, 6028, 6029,
     6030, 6031, 6032, 6033, 6034, 6035, 6036, 6037, 6038, 6039,
     6040, 6041, 6042, 6043, 6044, 6045, 6046, 6047, 6048, 6049,
     6050, 6051, 6052, 6053, 6054, 6055, 6056, 6057, 6058, 6059,
     6060, 6061, 6062, 6063, 6064, 6065, 6066, 6067, 6068, 6069,
     6070, 6071, 6072, 6073, 6074, 6075, 6076, 6077, 6078, 6079,
     6080, 6081, 6082, 6083, 6084, 6085, 6086, 6087, 6088, 6089,
     6090, 6091, 6092, 6093, 6094, 6095, 6096, 6097, 6098, 6099,
     6100, 6101, 6102, 6103, 6104, 6105, 6106, 6107, 6108, 6109,
     6110, 6111, 6112, 6113, 6114, 6115, 6116, 6117, 6118, 6119, 6120,
     6121, 6122, 6123, 6124, 6125, 6126, 6127, 6128, 6129, 6130,
     6131, 6132, 6133, 6134, 6135, 6136, 6137, 6138, 6139, 6140,
     6141, 6142, 6143, 6144, 6145, 6146, 6147, 6148, 6149, 6150,
     6151, 6152, 6153, 6154, 6155, 6156, 6157, 6158, 6159, 6160,
     6161, 6162, 6163, 6164, 6165, 6166, 6167, 6168, 6169, 6170,
     6171, 6172, 6173, 6174 6175, 6176 and 6177 of 2025.

                        Appearances for Parties
     Advs. for the Appellants:
     Pitambar Acharya, Sr. Adv./Advocate General., Som Raj Choudhury,
     Prakash Ranjan Nayak, Dhananjaya Mishra, Navneet Dogra,
     Rohit Amit Sthalekar, Purnendu Bajpai, Shashank Singh, Suvendu
     Suvasis Dash, Niranjan Sahu, Ms. Shivangi Gupta, Ms. Mallika
     Yadav, Shovan Mishra, Ms. Bipasa Tripathy, Kiran Kumar Patra,
     Naveen Kumar, Subhasish Mohanty, Milind Kumar, Shubhranshu
     Padhi, Jay Nirupam, D. Girish Kumar, Pranav Giri, Ekansh Sisodia,
     Ankit Agarwal, Koustubh Desai, Ramendra Mohan Patnaik,
2802                                                        [2025] 5 S.C.R.

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    Debabarta Dash, Debabrata Dash, Ms. Apoorva Sharma, Jogy
    Scaria, Joby P. Varghese, Hitendra Nath Rath, Anjuman Tripathy,
    Chandra Vardhan Singh, Ms. Sharmila Upadhyay, Srisatya Mohanty,
    Ms. Samapika Biswal, Gaurav Khanna, Prasenjeet Mohapatra.
    Advs. for the Respondent:
    Ashok Kumar Panda, Sr. Adv., Ms. Babita Khushwaha, Ms. Vernika
    Tomar, Ajay Vikram Singh, Sanjeev Kumar, A.k.de, Mrs. Ananya De,
    Pramit Saxena, Ms. Chandni Sharma, Rabin Majumder, Hitendra
    Nath Rath, Ms. Deepanwita Priyanka, Aldanish Rein, Dipak Kumar
    Jena, Prasanna Kumar Parhi, Pramod Kumar, Ms. Smita Kumari,
    Pradeep Kumar Verma, Raj Shekhar Jena, Sandip Munian,
    Ashutosh Singhdeo, Kush Chaturvedi, Ms. Harshita Choubey,
    Siddhartha Iyer, Ms. Diksha Rai, Ms. Purvat Wali, Piyush Vyas,
    Ms. Atiga Singh, Shashwat Panda, Manoranjan Paikaray, Devendra
    Singh Kushwaha, Praveen Agrawal, Nagarkatti Kartik Uday,
    Anshuman Siddharth Nayak, Devesh Pratap Singh, Rahul Kulhare,
    Krishna Mourya, Ms. Mahika Malik, Ms. Mohini Priya, Chandra
    Bhushan Prasad, Udayaditya Banerjee, S. K. Verma, Arindam
    Mukherjee, Ms. Gargi Tuli, Janmejay Verma, Ms. Ananya Verma,
    Abhishek Kumar, Shishir Pinaki, Ms. Vandana Kaushal, Suchit
    Mohanty, Samarth Mohanty, Vishal Arun, Kedar Nath Tripathy,
    Aditya Narayan Tripathy, Ms. Rohini Wagh, Amit Kumar Singh,
    Ms. K Enatoli Sema, Ms. Chubalemla Chang, Prang Newmai, Apoorva
    Bhumesh, Ms. Madhavi Khare, S.k. Patri, Raveesh Kumar Tripathi,
    Ram Bhadauria, Lokesh Raghav, Robin Khokhar, Dhananjai Jain,
    Ms. Ankita Sarangi, Abinash Acharya, Kumar Abhishek, Sravan
    Kumar Karanam, Haraprasad Sahu, Mrs. Anita Sahu, Rohit Kumar
    Rana, Pranaya Kumar Mohapatra, Ms. Renuka Sahu, Shivam
    Singh, Ms. Bharti Tyagi, V. K. Monga, Sanjay K Das, Swetaketu
    Mishra, Ms. Gouri Monga, F. I. Choudhury, Atul Kumar, Karunakar
    Rath, Abhimanyu Sharma, Ms. Deepali, Amit Gupta, Rahul Thukral,
    Tarun Gupta, D. Abhinav Rao, Abhisek Das, Ms. Megha Shaw,
    Raghav Bherwani, Somanatha Padhan, Kumar Gaurav, Patta
    Arun Kumar, Duvvada Ramesh, Ms. Kristen Sleeth, Tom Joseph,
    Ms. Arya Krishnan, Prashant Bhardwaj, Ms. Anugraha Sabu, B.
    Ravindra Kumar, Shamik Shirishbhai Sanjanwala, Sunil Kumar Sethi,
    Ms. Sheetal Patil, Kailas Bajirao Autade, Ms. Soumya Priyadarshinee,
    Amit Srivastava, Naveen Kumar Bharadwaj, Suresh Chandra
    Tripathy, Syed Mehdi Imam, Anirudh Sanganeria, Sushanta
    Kumar Mishra, Ranjit Samal, Ami Kumar Saa, Mohit Agarwal,
    Rizwan Ahmad, Merusagar Samantaray, Ms. Ayushi Upadhyay,
[2025] 5 S.C.R.                                                           2803

                    State of Odisha & Ors. v. Jita Luha


     Jaydip Pati, Siddhartha Chowdhury, Snehasish Mukherjee, Shaffi
     Mather, Suraj Mohanty, Suman Tripathy, Ms. Shruti Mishra, Sougat
     Mishra, Ms. Nitika Duhan, Vipul Kumar, Guntur Pramod Kumar,
     Prasanna S, Gautam Das, Gautama Das, Abanikanta Sahu, Shivam
     Kumar, Tarunkant Samantaray, R.k.padhi, Ms. Vandana Miglani,
     Ms. Santosh Kumar Bebarta, Ms. Smita Samantaray, Mrs. Monika
     Chauhan, Divyesh Pratap Singh.

                Judgment / Order of the Supreme Court

                                Judgment

     J.K. Maheswari, J.

1.   Leave granted.
2.   The present batch of appeals is in connection with grant of
     appointment under the Odisha Civil Services Rehabilitation Assistance
     Rules prevalent in the state, and against an order dated 27.06.2023.
     The High Court of Orissa, Cuttack by the impugned judgment vide
     paragraphs 84, 85, 86 and 87 directed as under: -
           “84. In view of the above decision, we are of the view that
           the application for the petitioners shall be considered under
           the Odisha Civil Services (Rehabilitation Assistance) Rules,
           1990 in as much as on scrutiny, it is found that all the
           applications were filed before 17.02.2020 and the delay in
           considering the applications in time is entirely attributable
           to the opposite parties. Such exercise shall be completed
           within a period of three months from the day when a copy
           of the judgment/order shall be placed before the opposite
           parties by the petitioners.
           85. That apart, while dealing with the applications in which
           the petitioners have sought the rehabilitation assistance/
           appointment against a direct payment/GIA Rules at the
           Government aided educational institution, the applicability
           of the rehabilitation scheme in those institutions shall be
           separately determined by the opposite parties on the basis
           of the policy of the Government as discussed by us. If
           it is found that the Odisha Civil Services (Rehabilitation
           Assistance) Rules, 1990 was applicable on the date of
2804                                                       [2025] 5 S.C.R.

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          death of the deceased employee, the petitioner shall be
          considered for rehabilitation assistance/appointment. So
          far as the retrospective operation of the rehabilitation
          assistance/appointment is concerned, this Court cannot
          direct the opposite parties to give the appointment
          retrospectively under the Rehabilitation Assistance/
          Appointment Scheme in as much as it is no more res
          integra, the petitioner does not have any vested right
          of appointment under such rehabilitation assistance/
          appointment scheme. They are only entitled to be
          considered under the scheme for that purpose.
          86. Consequently, the opposite parties shall consider
          the applications of the petitioners under the Odisha Civil
          Services (Rehabilitation Assistance) Rules, 1990 read
          with the relevant policy extending such scheme to the
          Government aided educational institutions at the relevant
          time of the death of the deceased employee for the purpose
          of the rehabilitation assistance/appointment within the time
          as prescribed above.
          87. The orders passed by the opposite parties rejecting
          the applications for rehabilitation assistance/appointment
          in case of some of the petitioners are quashed.”
3.   In the facts, the short question which falls for our consideration
     is whether directions issued by the High Court in the order
     impugned warrants interference in view of the Odisha Civil Services
     (Rehabilitation Assistance) Rules, 2020?
4.   In the present case, respondents have filed writ petitions seeking
     appointment on compassionate ground under the Odisha Civil Service
     (Rehabilitation Assistance) Rules, 1990 (for short ‘1990 rules’). The
     notification dated 13th September 1990 was issued in exercise of
     powers conferred by the proviso to Article 309 of the Constitution of
     India and the State Government through Governor made the 1990
     rules to regulate recruitment to the state civil services and posts as
     a measure of rehabilitation assistance. The said rules were made
     applicable to the member of the family as specified in rule 2(b). As
     per rule 8, application was required to be made in Form A to the
     appointing authority under whom the deceased government servant
     had last worked. As prescribed in 1990 rules, on receiving application,
[2025] 5 S.C.R.                                                       2805

                    State of Odisha & Ors. v. Jita Luha


     the report has to be requisitioned from the Collector of the district to
     ascertain whether the family is in financial distress. On receipt of the
     report, the appointing authority shall issue an order of appointment
     if the report is in favour, on the available vacancy. The appointment
     as specified therein shall be subject to rule 9 of the said rules.
5.   In the year 2016, the 1990 rules were amended substituting
     rule 8. Thereafter, on 17th February 2020, Odisha Civil Services
     (Rehabilitation Assistance) Rules, 2020 (for short ‘2020 rules’) were
     notified substituting the 1990 rules. Rule 6 thereof prescribes mode
     of appointment and the process to be followed for appointment as
     specified in rule 6(9) whereby it was made clear that the pending
     cases as on the date of publication of these rules shall be dealt with
     in accordance with provision of 2020 rules.
6.   Being aggrieved by the correspondence made by the department 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, writ petitions were filed which were
     disposed with the directions as referred above. The High Court made
     it clear that the date of death of the deceased employee would be
     relevant factor and the case of the respondents shall be considered
     applying the 1990 rules and not as per 2020 rules. It was also made
     clear that respondents would not be entitled to claim appointments
     retrospectively.
7.   Being aggrieved these appeals were preferred by the State,
     challenging the directions, wherein after issuance of notice and grant
     of stay, during hearing the State Government through 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. Learned Advocate General has produced the amendment
     rules which were notified on 04.04.2025, issued by the General
     Administration & Public Grievance Department of the State of Odisha
     amending sub-rule (9) of Rule 6 of 2020 rules.
8.   In view of the assurance given by the learned Advocate General for
     the State of Odisha, this Court in this proceeding dated 21.04.2025
     issued the following directions: -
           “1) Learned Advocate General appearing for the State of
           Odisha has produced Notification dated 04.04.2025 making
2806                                                        [2025] 5 S.C.R.

                         Supreme Court Reports


          amendment in sub-Rule 9(a) of Rule 6 of the Odisha Civil
          Services (Rehabilitation Assistance) Rules, 2020.
          2) It is stated before us that except the cases covered by
          the block grants Schools and Colleges, all other cases
          would be governed by these Rules and the Government is
          benevolent to extend the benefit of rehabilitation assistance
          to them; therefore, the amendment has been brought into
          the Rules.
          3) It is further stated by him that he shall produce a list
          of cases which are governed by these Rules and do not
          fall in the category under block grant schools/colleges.
          4) The said list be published on the website (GA.ODISHA.
          GOV.IN) on or before 28th April, 2025, whereby the
          counsel for respondents may identify those cases which
          are covered by these Rules.
          5) The said list be furnished to the Registry immediately
          on the next date of publication, that is, on 29th April, 2025.
          6) Registry to list these cases in two separate bunches:
          one which are covered by this amendment to the Rules
          and the other, which are not covered.”
9.   In furtherance, list of cases of the schools and colleges not governed
     by block grant has been placed before the Registry and all those
     cases are being heard and decided by this order.
10. In the context of controversy wherein by the order of the Government
    to apply 2020 rules in the case of death occurred prior to
    commencement of those rules, has been dealt with by Odisha Civil
    Services (Rehabilitation Assistance) Amendment Rules, 2025 (for
    short “2025 rules”) whereby rule 6(9) was substituted adding rule
    9 (a), (b) and (c). The said rules are relevant to the case in hand,
    therefore, reproduced as thus:
          “(9) (a) All pending applications, relating to death of
          Government employee prior to the date of commencement
          of the Odisha Civil Services (Rehabilitation Assistance)
          Rules, 2020 shall be dealt in accordance with the rules
          prevailing on the date of death of Government employee
          for appointment under Rehabilitation Assistance Scheme:
[2025] 5 S.C.R.                                                             2807

                    State of Odisha & Ors. v. Jita Luha


                Provided that in case the death of Government
                employee occurred on or after commencement
                of the Odisha Civil Service (Rehabilitation
                Assistance) Amendment Rules, 2016 and before
                commencement of the Odisha Civil Services
                (Rehabilitation Assistance) Rules, 2020, shall be
                governed by the provisions of the Odisha Civil
                Service (Rehabilitation Assistance) Rules, 1990.
           (b) In case the death of Government employee occurred
           prior to commencement of the Odisha Civil Service
           (Rehabilitation Assistance) Amendment Rules, 2016, shall
           be dealt on the basis of distress certificate available in
           the existing or original application as per the Odisha Civil
           Service (Rehabilitation Assistance) Rules, 1990.
           (c) In case the death of Government employee occurred
           on or after commencement of the Odisha Civil Service
           (Rehabilitation Assistance) Amendment Rules, 2016
           and before commencement of the Odisha Civil Services
           (Rehabilitation Assistance) Rules, 2020, the appointing
           authority shall ascertain the present financial distress of the
           family by calling for a report from Collector of the district
           in which the family ordinarily resides, as to whether the
           family is in financial distress as per the provisions of rule
           8 of the Odisha Civil Service (Rehabilitation Assistance)
           Rules, 1990.
           Explanation for the distress certificate prescribed
           under clause (c). - The total annual family income from
           all sources excluding Family pension and temporary
           increase must not exceed Rs.1,91,000/- (Rupees One
           Lakh and Ninety-One Thousand) for a family to be in a
           ‘distress condition’.”.
11. 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.
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12. 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:
     (i)    The respondents are at liberty to submit an application, if not
            already submitted, within a period of twelve weeks, to the
            jurisdictional authorities along with requisite documents as
            specified in the notification dated 04.04.2025.
     (ii)   In the cases where application has already been submitted
            and any additional documents are required to be submitted,
            the same be furnished to the authority in reference to their
            pending application or in reference to the demand, made by
            the authority if any, within the same period of twelve weeks.
     (iii) 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.
     (iv) 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.
     (v)    It is also clarified that the appointment already granted by the
            Government extending the benefit of Rehabilitation Assistance
            Scheme shall remain unaffected by the directions as contained
            hereinabove.
     (vi) In case the claim of individual respondent is rejected by the
          authorities, they are at liberty to take recourse of law as is
          permissible.
     (vii) The directions as issued hereinabove shall apply mutatis
           mutandis in all pending cases. The aspirants are not required
           to take recourse until their claim is rejected. Pending writ
[2025] 5 S.C.R.                                                         2809

                       State of Odisha & Ors. v. Jita Luha


             petitions before High Court, if any, shall also be disposed of in
             accordance with the directions issued above.
     (viii) Accordingly, the present appeals are disposed of. Pending
            applications, if any, shall also stand disposed of.

     Result of the case: Appeals disposed of.




     †
         Headnotes prepared by: Nidhi Jain