Orissa High Court
Sarbeswar Swain vs State Of Odisha And Others on 6 January, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.36386 of 2021
Sarbeswar Swain .... Petitioner
Mr. D.K. Mohapatra, 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. 06.01.2022
01. 1. This matter is taken up through Hybrid Arrangement (Video
Conferencing/Physical Mode).
2. The Petitioner, who is teaching staff of Aided School has filed
the present writ petition seeking for a direction to the Opposite
Parties to grant the benefits under Orissa Education (Leave of
Teachers and other Members of the Staff of Aided Educational
Institutions) Rules, 1977, the Orissa Aided Educational Institutions
Employees' General Provident Fund Rules, 1983, the Orissa
Education (Recruitment and Conditions of Service of Teachers and
Members of the Staff of Aided Educational Institutions), Rules 1974,
the Odisha Aided Educational Institutions Employees Common
Cadre and Intertransferability Rules, 1979 and after retirement
under the Orissa Aided Educational Institutions Employees
Retirement Benefit Rules, 1981 and further prays for consideration of
his case in terms of the judgment pronounced by this Court in the
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case of Ritanjali Giri @ Paul vrs. State of Odisha (School & M.E.
Deptt.) & Ors : 2016(I) ILR 1162 and in the case of Bindusagar
Samantray vrs. State of Odisha & Others (W.P.(C) No.27634 of
2020 disposed of on 13.09.2021.)
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 ).
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
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of.
9. Urgent certified copy of this order be granted on proper
application.
Jagabandhu ( A.K. Mohapatra)
Judge
