The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK WA No.905 of 2025 Smt. Dulaka Dei Bagarti and another … Appellants The State of Odisha and others … Respondents Mr.Jitendra Kumar Naik, Advocate -Versus- Mr. Kailash Chandra Kar, Government Advocate CORAM: THE HON’BLE THE CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE MURAHARI SRI RAMAN Order No.
Decision
ORDER 25.11.2025 01. 1. The instant writ appeal arises from the order dated 17.04.2025 passed in W.P.(C) No.7748 of 2025, by which the writ petition seeking an appointment on compassionate ground is rejected as the appellant No.2, being the brother of the deceased employee, does not come within the purview of the Odisha Civil Services (Rehabilitation Assistance) Rules, 2020. 2. According to the learned Advocate appearing for the appellants, the brother of the unmarried employee, who died in harness on 26.04.2023, is included within the Rules/Scheme and, therefore, the order of the Single Bench is infirm, illegal and warrants interference. 2.1. The counsel for the appellants draws our attention to the Odisha Civil Services (Rehabilitation Assistance) Rules, 1990 defining the “family members” which includes the brother of unmarried Government servant who was dependent on such Government servant at the time of death. Page 1 of 4 3. We do not find any substance in the aforesaid submission for the simple reason that the Odisha Civil Services (Rehabilitation Assistance) Rules, 1990 is subsequently superseded and/or repealed by the Odisha Civil Services (Rehabilitation Assistance) Rules, 2020, where the definition of “family members” has undergone a sea change. Admittedly, the employee died on 26.04.2023, while working as a Hindi Teacher and was unmarried. 3.1. It is no longer res integra that the rules prevalent at the time of the death of the deceased employee relating to a compassionate appointment shall be followed by the authorities and if the rule does not include the brother of the deceased employee, such brother cannot claim any right in compassionate appointment. 3.2. The definition of “family members” under the Odisha Civil Services (Rehabilitation Assistance) Rules, 2020 is quoted as under:- “2. Definitions:- (1) In these Rules, unless the context otherwise requires- (a) xxx (b) xxx (c) xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx d) “family members” means and include the following members: (i) (ii) Spouse of the deceased Government servant. Sons or step sons or sons legally adopted through a registered deed executed before the death of the Government servant. (iii) Un-married daughters and Un-married step daughters. (iv) Widowed daughters or daughters-in-law residing the deceased the family of permanently with Government employee. (v) Legally divorced daughter.” Page 2 of 4 3.3. It is, thus, evident from the definition of “family members” that the brother of the unmarried deceased Government employee is excluded from the definition of “family members” though he was included in the repealed Rules of 1990. 3.4. Rules 3 and 4 of the Odisha Civil Services (Rehabilitation Assistance) Rules, 2020 contained the provisions relating to the compassionate appointment. Ordinarily the spouse is to be given appointment, but if she is more than 50 years of age as on the date of death of her husband and not willing to serve or is found to be medically unfit for job, she may nominate any one of the family members of the deceased Government employee for compassionate appointment. In case the spouse of the deceased is not alive, all other family members of the deceased Government employee may nominate one of them for compassionate appointment. 4. Normally, the appointment on the compassionate ground offends the core value of Articles 14 and 16 of the Constitution of India, which ordains equality principles as well as the equal opportunity in the public employment to all the eligible candidates. However, an exception is carved out in case of a compassionate appointment, which is regarded as a welfare scheme in order to relieve the family from the penury, which they suffered because of untimely death of a breadwinner in the family. It is to give succour to the family who has received a sudden jerk as the only bread earner has died while in service and, therefore, such scheme was held to be intra vires to the said Constitution. Though it provides an avenue of employment, the eligibility once fixed in the scheme, the same has to be strictly followed. 4.1. It is a cardinal principle of statutory interpretation that any words or expressions, which are defined in a statue, must be assigned the same meaning wherever the same is used in the same statute. The Page 3 of 4 Court should not borrow any external aid in construing and/or interpreting the said words or expressions, which are defined in the said statute and, therefore, we do not find that any liberal interpretation or an external aid in this regard is warranted. 4.2. The moment by way of legislation “the brother” has been excluded from the purview of the “family members” while promulgating the said scheme in the year 2020 in the form of Rules, the petitioner cannot claim an inchoate right to appointment on compassionate ground. The Court shall not direct the authority to act de hors the law. The action of the authority must be tested within the precincts of law and if the law does not permit a thing to be done, the Court should not issue a mandamus upon the authorities to act in violation thereof. The single Bench dismissed the writ petition as the appellant No.2 being the brother of the deceased does not come within the definition of the “family members” and, therefore, is not entitled to a compassionate appointment under Rules 3 and 4 of the said Rules. We, thus, do not find any infirmity and/or illegality in the impugned order. 5. The appeal, sans merit, is, thus, dismissed. Chief Justice (Harish Tandon) Judge (M.S. Raman) Signature Not Verified Digitally Signed Signed by: ASWINI KUMAR SETHY Designation: Personal Assistant (Secretary in-charge) Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 27-Nov-2025 10:17:00 Aswini Page 4 of 4