2 7.1.2021 This Matter Is Taken Up ... vs Unknown
2021 Latest Caselaw 279 Ori

                       W.P.(C) NO.38749 OF 2020




2   7.1.2021                This    matter      is   taken   up   through   Video
               Conferencing.
                            Heard Mr. K.K. Swain, learned counsel for the
               petitioners and learned Additional Government Advocate for
               the State opposite parties.
                            The petitioner has filed this writ petition seeking
               direction to the opposite parties to treat the petitioner as
               employee of aided educational institution and make a
               declaration that the Orissa Aided Educational Institution
               Employees Retirement Benefit Rules, 1981 is applicable to
               the petitioner in view of the judgment dated 19.02.1991
               passed by this Court in OJC No.4430 of 1989 (Sri Ainthu
               Swain v. State of Orissa) and allow the petitioner to avail
               pension and other retiral benefits on the date of his
               retirement from service in terms of provisions under Orissa
               Aided Educational Institution Employees Retirement Benefit
               Rules, 1981.
                            In course of hearing, learned counsel appearing
               for the petitioner states that highlighting the grievance, the
               petitioner has made representation to opposite party no.1
               vide Annexure-5 and direction be given to consider and
               dispose of the same taking into consideration the judgment
               dated 19.02.1991 passed by this Court in OJC No.4430 of
               1989 (Sri Ainthu Swain v. State of Orissa) within a
               stipulated time to which learned Additional Government
m
               Advocate has no objection to such contention.
                            In view of the aforesaid limited grievance of the
               petitioner, this Court disposes of the writ petition directing
               opposite party no.1 to take a decision on the representation
               filed   by   the    petitioner    under   Annexure-5   and   pass
                     2




appropriate order in accordance with law taking into
consideration the judgment dated 19.02.1991 passed by this
Court in OJC No.4430 of 1989 (Sri Ainthu Swain v. State of
Orissa) within a period of three months from the date of
production of authenticated/certified copy of this order.
           The petitioner may utilize the soft copy of this
order available in the High Court's website or print out
thereof at par with certified copies in the manner prescribed,
vide Court's Notice No.4587, dated 25.03.2020.



                               ..............................
                               Biswanath Rath, J.