Orissa High Court
State Of Odisha & Another vs Ananda Maharana & on 25 February, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.A. No.370 of 2021
State of Odisha & Another .... Appellants
Mr. L. Samantaray, AGA
-versus-
Ananda Maharana & .... Respondents
Another
None
CORAM:
JUSTICE JASWANT SINGH
JUSTICE M.S. RAMAN
ORDER (Oral)
Order No. 25.02.2022
03. 1. This matter is taken up through virtual/physical
mode.
2. The case has been listed before us in the light of a
special mentioning yesterday for listing it today in view
of the contempt proceedings listed on 03.03.2022 for
willful disobedience of the order dated 4th of February
2021 passed by this Court.
In view of the above, the date of hearing is preponed
from 07.04.2022 to today.
3. It is submitted that Section 7-C vide amendment
dated 1st of June, 1994 was inserted in the Odisha
Education Act, 1969, which provided for grant-in-aid to
the recognized Non-Government, i.e., Private
Educational Aided Institutions (Schools & Colleges)
existing in the State of Odisha. In exercise of powers
conferred under Sub-Section (4) of Section 7-C of the
// 2 //
Odisha (Aided Colleges, Aided Junior Colleges and
Aided Higher Secondary Schools) Grant-in-Aid Order,
2009 (for short "the Order 2009") was notified on 6th of
June 2009 whereby the concept of disbursement of aid
by way of Block Grant was introduced, which of course
was based on the principle of economic restraints faced
by the Government.
4. It is contended that the institution of the Respondent
No.1 was admittedly getting Grant-in-Aid under the
concept of Block Grant envisaged under the Order 2009
as is apparent from the annexed documents by
Respondent No.1 himself in his writ petition. It is next
contended that Rule 3 of the Odisha Aided Educational
Institutions' Employees Retirement Benefit Rules, 1981
(for short "the Rules, 1981") covers the teaching and
non-teaching staff of the Private Aided Institutions
under the direct payment system and not covered
under the Block Grant mechanism as is applicable in
the case of respondents, which fact the learned Single
Judge has erroneously ignored while extending the
benefit based on the decision in Sarat Chandra
Parida v. State of Odisha, 2015 (II) ILR-CUT 94. It is
thus urged that the order passed by the learned Single
Judge is liable to be set aside and the matter remanded
back for fresh adjudication after permitting the State to
file a detailed written statement laying down the basis
for distinguishing the ratio of the judgment in Sarat
Chandra Parida's case (supra).
// 3 //
5. Issue notice to the Respondents by speed post with
A.D., making it returnable by 7th of April, 2022.
Requisites for issuance of notice to the Respondents be
filed within three working days.
6. List on 7th of April, 2022.
7. In the meanwhile, the operation of the impugned
order dated 4th of February, 2021 shall remain stayed.
Urgent certified copy of this order be granted on
proper application.
(Jaswant Singh)
Judge
(M.S. Raman)
Judge
February 25th, 2022
Cuttack
AKK
