Orissa High Court
Aparna Panda vs State Of Odisha And Others on 7 February, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.3449 of 2022
Aparna Panda .... Petitioner
Mr. Ajit Kumar Sahoo, Advocate
-versus-
State of Odisha and others .... Opposite Parties
Mr. D. Mund, AGA for State
CORAM:
JUSTICE A.K.MOHAPATRA
ORDER
07.02.2022
Order No.
01. 1. This matter is taken up through Hybrid Arrangement
(Virtual/Physical Mode).
2. Heard learned counsel for both the parties.
3. The Petitioner, who teaching staff of Aided School has filed
the present writ petition seeking for a direction to the Opposite
Parties to treat the Petitioner's at par with the employees of other
Aided Educational Institutions, who were extended with Grant-in-
Aid in accordance with Grant-in-Aid order 1994 and accordingly to
extend all benefits as applicable to the Aided Education Institutions
within the meaning of Section 3(b) of the Orissa Education Act, such
as Earned Leaves as prescribed under Rule 9 of 1977 Rules, Extra
Ordinary Leaves as prescribed under Rule 12 of 1977 Rules as well
as Study Leaves as prescribed under Rule 13 of 1977 Rules and
other benefits as provides under 1977 Rules, Pension Rules, GPF
Rules, through the same facilities and benefits were given to the
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employees of other institutions notified under Section 3(b) of the
Orissa Education Act pursuant to Grant-in-Aid Order, 1944.
4. Learned counsel for the Petitioner further prays for
consideration of his case in terms of the judgment pronounced by
this Court in the case of Ritanjali Giri @ Paul vs. State of Odisha
(School & M.E. Deptt.) & Ors, reported in 2016(I) ILR 1162 and in
the case of Bindusagar Samantray vs. State of Odisha & Others
(W.P.(C) No.27634 of 2020 disposed of on 13.09.2021.)
5. Learned counsel for the Petitioner placed reliance on another
judgment of this Court in the case of Prasanta Kumar Mohapatra &
others (W.P.(C) No.23312 of 2020 disposed of on 28.09.2021) and
in the case of Sarangadhar Sahoo and others( W.P.(C) No.29342
of 2021 ).
6. Without going into merits of the case at this stage, this Court
directs remits the matter back to the Opposite Party Nos.1 & 2 to
consider the case of the Petitioner in the light of judgments referred
to hereinabove.
7. It is needless to mention here that if the Petitioner is covered
under the aforesaid judgments and is entitled to any benefit under
such Rules, the same be promptly calculated and be paid to him
within a stipulated time.
8. Let a certified copy of this order be produced before the
Opposite Party Nos. 1 & 2 within a period of two weeks hence and
the Opposite Party Nos.1 & 2 shall do well to take a decision in the
matter within a period of three months thereafter and the decision so
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taken be communicated to the Petitioner within a period of two
weeks from the date of such decision.
9. It is made clear that the Court has not expressed any opinion
on the merits of the case.
10. With the aforesaid observations, the writ petition is disposed
of.
11. Issue urgent certified copy as per rules.
(A.K. Mohapatra)
Judge
U.K.Sahoo
