Orissa High Court
Heard Learned Advocate General ... vs Xx Xx Xx Xx Xx Xx" on 23 March, 2021
W.A. No.499 of 2020
03. 23.03.2021 I.A. No.1043 of 2020
This matter is taken up by Hybrid mode.
This is an application for dispensing with filing of
certified copy of the impugned order dated 29.11.2019 passed
by the learned Single Judge in W.P.(C) No.2311 of 2019.
Heard.
For the reasons stated in the I.A., filing of certified
copy of the impugned order is dispensed with for the time
being.
The I.A. is disposed of, accordingly.
........................
(S. K. Mishra)
Judge
.........................
(Savitri Ratho)
Judge
04. 23.03.2021 I.A. No.1042 of 2020
Heard.
This is an application filed under Section 5 of the
Limitation Act, 1963 for condonation of delay in preferring the
W.A.
In this case, the impugned order has been passed
about four months before the lockdown because of COVID-19
pandemic. The Hon'ble Supreme Court has passed the order
dated 23.03.2020 in Suo Motu Writ Petition (Civil) No(s).3 of
2020 wherein limitation was stayed from running by the
Hon'ble Supreme Court.
Hence, there is no delay in filing the writ appeal.
Accordingly, this I.A. is disposed of.
........................
(S. K. Mishra)
Judge
.........................
(Savitri Ratho)
Judge
05. 23.03.2021 W.A. No.499 of 2020
Heard learned Advocate General appearing for the
Appellants/ State.
In course of hearing, our attention is drawn to the
observations made by the learned Single Judge in the case of
Sarat Chandra Parida -vrs.- State of Odisha (W.P.(C)
No.16425 of 2013) which are quoted below:
"Xx xx xx xx xx xx xx xx xx. It is apparent from a
plain reading of Rule-3 that the expression, "come
under the direct payment system" qualifies the
institution (college/school) concerned and not a
particular staff of the institution."
Basing on such observations, the impugned order has been
passed by the learned Single Judge. However, similar question
was before the Hon'ble Supreme Court in the case of State of
Odisha and Another -vrs.- Anup Kumar Senapati and
Another: reported in (2019) 19 SCC 626, wherein at paragraph
37, it has been held as follows:
"Considering the various provisions of Section
7-C of the Act and the 1994 Order, it is apparent
that institutions which received grant-in-aid and post
with respect of which grant-in-aid was being
released, have been saved. The reference of the
institution means and includes the posts. They
cannot be read in isolatioin. It cannot be said that
right to claim grant-in-aid has been fixed, accrued,
settled, absolute or complete at the time of the repeal
of the 2004 Order.
Xx xx xx xx xx xx"
At paragraph 39 of the said judgment, taking note of the facts
that the orders have been passed by the Tribunal, which was
affirmed by the High Court and grants-in-aid have been
released under the 1994 Order as such on the ground of parity,
the Hon'ble Supreme Court held that there had been a
divergence of opinion on the aforesaid issue. But, in the
considered opinion of the Hon'ble Supreme Court, there is no
concept of negative equality under Article 14 of the
Constitution of India.
Hence, we are inclined to issue notice in this matter.
However, since Mr. Purusottam Chuli, learned
Advocate and associate have already entered appearance on
behalf of the Opposite Party No.1, formal notice need not be
issued to him.
So far as Opposite Party No.2 is concerned, keeping
in view the urgency of the case, we allow the Appellants/ State
to take notice by Special Messenger.
Accordingly, issue notice to the Opposite Party No.2
through Special Messenger returnable by 6th April, 2021. Cost
of Special Messenger be assessed and deposit along with the
requisites be made by 26th March, 2021.
List this matter on 8th April, 2021.
........................
(S. K. Mishra)
Judge
.........................
(Savitri Ratho)
Judge
06. 23.03.2021 I.A. No.1044 of 2020
Heard.
Issue notice as above.
Accept one set of process fee.
In the interim, it is directed that operation of the
impugned order dated 29.11.2019 passed by the learned Single
Judge in W.P.(C) No.23111 of 2019 shall remain stayed till the
next date.
Urgent certified copy of this order be granted on
proper application.
........................
(S. K. Mishra)
Judge
.........................
(Savitri Ratho)
Judge
BJ
