Orissa High Court
Dushasan Sahu vs State Of Odisha And Others on 10 January, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.36428 of 2021
Dushasan Sahu .... Petitioner
Mr. D.K. Mohapatra,
Advocate
-versus-
State of Odisha and others .... Opposite Parties
Mr. Biswajit Mohanty,
Standing Counsel for S. & M.E. Deptt..
CORAM:
JUSTICE A.K.MOHAPATRA
ORDER
10.01.2022
Order No.
01. 1. This matter is taken up through Video Conferencing mode.
2. Heard learned counsel for both the parties.
3. 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 grant the benefits to the Petitioner under the Orissa
Education (Leave) of Teachers and other Members of the staff of
Aided Educational Institutions) Rules, 1977, the Orissa Aided
Education 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 Inter-transferability Rules, 1979 and
after retirement of the Petitioner under the Orissa Aided Educational
Institutions Employees' Retirement Benefit Rules, 1981.
// 2 //
4. Learned counsel for the Petitioner further prays for
consideration of his case in terms of the judgment pronounced by
this Court in the case of Ritanjali Giri @ Paul vs. State of Odisha
(School & M.E. Deptt.) & Ors, reported in 2016(I) ILR 1162 and in
the case of Bindusagar Samantray vs. State of Odisha & Others
(W.P.(C) No.27634 of 2020 disposed of on 13.09.2021.)
5. 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 ).
6. 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 representation of the Petitioner dated 24.09.2021 (Annexure-2)
in the light of judgments referred to hereinabove.
7. 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.
8. 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.
// 3 //
9. It is made clear that the Court has not expressed any opinion
on the merits of the case.
10. With the aforesaid observations, the writ petition is disposed
of.
11. 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
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.
(A.K. Mohapatra)
Judge
U.K.Sahoo
