Orissa High Court
Ratna Manjari Rana vs State Of Odisha And Others on 10 January, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.40678 OF 2021
Ratna Manjari Rana .... Petitioner
Mr. Banabihari Ray, Advocate
-versus-
State of Odisha and others .... Opp. Parties
Mr. Sangram Jena, Standing Counsel
S&ME
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 10.01.2022
01. 1. This matter is taken up through Video Conferencing mode.
2. The Petitioner, who is a 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 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 Educational Institution within
the meaning of Section-3(b) of the Orissa Education Act, such as
provided under 1977 Rules Pension Rules, though the same facilities
and benefits was given to the other institutions which was notified
under section 3(b) of the Orissa Education Act pursuant to the Grant-
in-Aid Order 1994 keeping in view the ratio decided by this Court 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
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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 her
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. As the restrictions due to resurgence of COVID-19 situation
are continuing, learned counsel for the parties may utilize a print out
of the order available in the High Court's website, at par with
certified copy, subject to attestation by the concerned Advocate, in
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the manner prescribed vide Court's Notice No.4587, dated 25th
March, 2020 as modified by Court's Notice No.4798, dated 15th
April, 2021 and Office Order dated 7th January, 2022.
RKS ( A.K. Mohapatra)
Judge
