Citation : 2022 Latest Caselaw 106 Ori
Judgement Date : 6 January, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.41796 OF 2021
Prahallad Puhan .... Petitioner
Mr. Jyotirmay Gupta, Advocate
-versus-
State of Odisha and others .... Opp. Parties
Mr. T.K.Praharaj, Standing Counsel
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 06.01.2022
01. 1. This matter is taken up through Hybrid Arrangement (Video
Conferencing/Physical Mode).
2. The Petitioner, who is a non-teaching staff of Aided School has filed the present writ petition seeking for a direction to the Opposite Parties to treat the petitioner at par with that of the employees of the aided educational Institutions/Government institutions and to extend all benefits including GPF and Pensionary benefits and to grant the same as notified under Section 3(b) of the Orissa Education Act, 1969 pursuant to Grant-in-Aid Order, 1994 as per principles decided in 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 the case of Sarangadhar Sahoo and others ( W.P.(C) No.29342 of 2021 ).
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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 him 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
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