Mukunda Chandra Sethi vs State Of Odisha And Others
2022 Latest Caselaw 1251 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 W.P.(C) No.3288 of 2022
                 Mukunda Chandra Sethi                  ....           Petitioner
                                                 Mr. S.C.Nath Sharma, Advocate
                                              -versus-
                 State of Odisha and others              ....        Opp. Parties
                                                                Mr. B.Mohanty,
                                                    Standing Counsel for S & ME

                                        CORAM:

                            JUSTICE A.K. MOHAPATRA
                                        ORDER

Order No.                              11.02.2022

    01.     1.      This matter is taken up through Hybrid arrangement
            (Virtual//Physical Mode).

2. The Petitioner, who is a non-teaching staff of Aided College has filed the present writ petition seeking for a direction to the Opposite Parties to allow the petitioner to avail the leave benefits under the Orissa Education (Leave of Teachers and other members of the staff of Aided Educational Institutions) Rules, 1977, Pension and retiral benefits under the Orissa Aided Educational Institutions Employees Retirement Benefits Rules 1981 and the benefit of G.P.F. under the Orissa Aided Educational Institutions Employees General Provident Funds Rules 1983 keeping in view the ratio decided in the case of Ritanjali Giri @ Paul -vrs.-State of Orissa and others reported in 2016(I) ILR-CUT-1162.

3. 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 // 2 //

the case of Sarangadhar Sahoo and others ( W.P.(C) No.29342 of 2021 ).

4. Without going into merits of the case at this stage, this Court 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.

5. 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 them within a stipulated time.

6. 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 taken be communicated to the Petitioner within a period of two weeks from the date of such decision.

7. It is made clear that the Court has not expressed any opinion on the merits of the case.

8. With the aforesaid observations, the writ petition is disposed of.

9. Urgent certified copy of this order be granted on proper application.

RKS                                           ( A.K. Mohapatra)
                                                     Judge